State Ex Rel. Long v. Beacon Insurance

MARTIN, Judge.

The only question presented by this appeal is whether, in the distribution of Beacon’s assets, the claims of other insurance companies under reinsurance contracts with Beacon are given a priority by G.S. 58-155.15(a)(3) as “claims for benefits under policies and for losses incurred,” or whether such claims are to be treated as claims of general creditors. We must agree with the trial court that claims growing out of contracts of reinsurance with the insolvent insurer are entitled to no higher priority than the claims of general creditors for the purposes of G.S. 58-155.15(a).

In…