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Insurance issues arise in bankruptcy cases in a number of different contexts–for example, in mass tort and catastrophic tort cases and where directors' and officers' liability carriers need guidance when directors and officers seek to access the policies and the debtor objects. Navigating through the issues raised in such contexts requires an understanding of both bankruptcy and insurance principles. Yet remarkably little has been written on the relationship between insurance and bankruptcy law. Indeed, the Bankruptcy Code does not have provisions that deal expressly with insurance, and the interface between the Bankruptcy Code and insurance law is often ragged.
This monograph guides the practitioner through that interface. It covers the full range of insurance issues in bankruptcy cases, including jurisdiction questions, mass tort and asbestos issues, claim and settlement matters, and chapter 11 plan confirmation. As such, the monograph fills a significant need in the bankruptcy and insurance community, and will be of considerable value to bankruptcy specialists, insurance lawyers, and commercial litigators.
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