Bankruptcy Issues for an Insurance Carrier When an Insured Files for Bankruptcy

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About This Course

This CLE Program is intended for insurance practitioners involved with underwriting, coverage or claims adjusting who seek guidance concerning the affect of an insured’s bankruptcy.

Issues addressed include:

  • Underwriting: Insurers’ credit risks for unpaid premium, self-insured retention, and/or voidable transfers such as preference claims or fraudulent transfer claims.
  • Coverage: The impact of a bankruptcy filing, and the potential impact of a plan of reorganization, which can alter policy obligations. Additionally, erosion of policy limits can also be affected by bankruptcy.
  • Claims Handling: Insurers have potential exposure for making claim payments in violation of the bankruptcy stay. However, there are circumstances that allow an insurer to make claim payments.

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