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Full-Text Articles in Law

Drop Down? Drop Dead! Excess Insurers Not Required To Provide Primary Coverage In Lieu Of An Insolvent Insurer, Daniel Austin Oct 2005

Drop Down? Drop Dead! Excess Insurers Not Required To Provide Primary Coverage In Lieu Of An Insolvent Insurer, Daniel Austin

Daniel A. Austin

Courts have consistently ruled that excess insurers are not required to provide "drop-down" coverage to pay for losses sustained by policyholders in cases where (a) the primary underlying insurer is insolvent and unable to pay or (b) the policyholder itself is in bankruptcy and is unable or unwilling to pay the deductible or self-insured retention amount. Why do so many insured parties seem to have missed the message and still seek to have their excess carriers provide drop-down coverage? This article will examine the issue by looking at several cases.


Panelist Law And Society Association Annual Meeting, Las Vegas, Nev., Bruce Price May 2005

Panelist Law And Society Association Annual Meeting, Las Vegas, Nev., Bruce Price

Bruce M Price

No abstract provided.


Landlord And Tenant, Ingrid Hillinger Mar 2005

Landlord And Tenant, Ingrid Hillinger

Ingrid Michelsen Hillinger

No abstract provided.


Intersection Of Revised Article 9 Of The Ucc With Bankruptcy Code, Ingrid Hillinger Mar 2005

Intersection Of Revised Article 9 Of The Ucc With Bankruptcy Code, Ingrid Hillinger

Ingrid Michelsen Hillinger

No abstract provided.


Participated In The "Symposium On The Future Of Chapter 11", Ingrid Hillinger Mar 2005

Participated In The "Symposium On The Future Of Chapter 11", Ingrid Hillinger

Ingrid Michelsen Hillinger

No abstract provided.


Symposium On The Future Of Chapter 11, Ingrid Hillinger Mar 2005

Symposium On The Future Of Chapter 11, Ingrid Hillinger

Ingrid Michelsen Hillinger

No abstract provided.


Directors' Disqualification And Bankruptcy Restrictions, Adrian Walters Dec 2004

Directors' Disqualification And Bankruptcy Restrictions, Adrian Walters

Adrian J Walters

No abstract provided.


Personal Insolvency Law After The Enterprise Act: An Appraisal, Adrian Walters Dec 2004

Personal Insolvency Law After The Enterprise Act: An Appraisal, Adrian Walters

Adrian J Walters

No abstract provided.


Book Review: Jacob Ziegel, Comparative Consumer Insolvency Regimes--A Canadian Perspective And Johanna Niemi-Kiesilainen Et Al. Eds., Consumer Bankruptcy In Global Perspective, Adrian Walters Dec 2004

Book Review: Jacob Ziegel, Comparative Consumer Insolvency Regimes--A Canadian Perspective And Johanna Niemi-Kiesilainen Et Al. Eds., Consumer Bankruptcy In Global Perspective, Adrian Walters

Adrian J Walters

No abstract provided.


Reply To Elizabeth Warren, F. Knippenberg Dec 2004

Reply To Elizabeth Warren, F. Knippenberg

F. Stephen Knippenberg

No abstract provided.


Cases And Materials On Bankruptcy, Margaret Howard Dec 2004

Cases And Materials On Bankruptcy, Margaret Howard

Margaret Howard

No abstract provided.


For Debtor Or Worse: Discharge Of Marital Debt Obligations Under The Bankruptcy Abuse Prevention And Consumer Protection Act Of 2005, Daniel Austin Dec 2004

For Debtor Or Worse: Discharge Of Marital Debt Obligations Under The Bankruptcy Abuse Prevention And Consumer Protection Act Of 2005, Daniel Austin

Daniel A. Austin

Part I examines the intersection between divorce and bankruptcy in contemporary American society, providing an overview of divorce demographics and an introduction to the bankruptcy process. Part II offers a pre- and post-Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) comparison of the Bankruptcy Code sections governing divorce obligations and discharge under the Bankruptcy Code. Part III reviews how courts in the future are likely to do so under the BAPCPA revisions. Part IV joins together existing rules and approaches to the new BAPCPA language to determine how courts will apply the BAPCPA marital discharge provisions to future cases. Part …


Exemptions Under The 2005 Bankruptcy Amendments: A Tale Of Opportunity Lost, Margaret Howard Dec 2004

Exemptions Under The 2005 Bankruptcy Amendments: A Tale Of Opportunity Lost, Margaret Howard

Margaret Howard

No abstract provided.


Bankruptcy And Hybrid Claims, Adrian Walters Dec 2004

Bankruptcy And Hybrid Claims, Adrian Walters

Adrian J Walters

No abstract provided.


A Falcon Takes Flight: The Anti-Deprivation Principles And Corporate Groups, Tracey E. Chan Dec 2004

A Falcon Takes Flight: The Anti-Deprivation Principles And Corporate Groups, Tracey E. Chan

Tracey E Chan

There is a well-known principle in insolvency law that prohibits an insolvent debtor from providing contractually or otherwise that his property or rights will be confiscated or pass on to another upon his insolvency. The “anti-deprivation” principle is said to be a reflection of public policy in the administration and distribution of an insolvent’s estate seeking to prevent a “fraud” on insolvency law. In a separate vein, groups of companies also pose various unique issues for insolvency law. For the first time, these two sets of issues were brought to a head in Peregrine Investments Holdings v. A.I.F.M.C. Ltd. LDC, …