Receiver "out of line"-Does NOT have authority to reject or affirm Contracts... :
"As an initial matter, there is no statutory authority for the Receiver’s presumed power to affirm or reject executory contracts. No such power is granted to the Receiver under any Arizona statute, including Chapter 3, Article 4, Title 20 of the Arizona Revised Statutes. It has been held that “[a] creature of statute, such as the Insurance Commissioner acting as rehabilitator, can only exercise those powers which have been conferred by the Legislature in clear and unmistakable language.” Koken v. Legion Insurance Co., 831 A.2d 1196, 1227 (Pa. Commw. Ct. 2003), aff’d, 878 A.2d 51 (Pa. 2005). No such power was conferred on the Receiver by the Arizona State Legislature."
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