Kinder

*908 Opinion

Introduction

The Insurance Commissioner of California (hereinafter referred to as the California Commissioner), California conservator and liquidator of American Reserve Insurance Company (hereinafter referred to as American Reserve), appeals from the denial by the superior court of his application for an order directing him to retain certain partial refunds of assessments made by the California Insurance Guarantee Association (hereinafter referred to as CIGA) to American Reserve.

Facts

The California Commissioner and respondents American Reserve and CIGA concur that the background facts are substantially as follows:

American Reserve is a Rhode Island insurer which prior to its insolvency was authorized to transact insurance business in the State of California.

On May 7, 1979, the Insurance Commissioner of the State of Rhode Island (hereinafter referred to as the Rhode Island Commissioner) was appointed temporary receiver of American Reserve and on June 7, 1979, he was appointed permanent receiver of American Reserve in order to liquidate and wind up the affairs of that company.

On May 30, 1979, the California Commissioner was appointed conservator of American…