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Two Roads Converge: Navigating the Intersections of Insolvency and Insurance Law
Business Law Section
Credit(s):
1.25 Legal Specialization in Bankruptcy Law
1.25 Participatory MCLE Credits
The Insurance Law Committee and the Bankruptcy Law Committee of the Business Law Section of the California Lawyers Association are jointly presenting a webinar panel to explore the various intersections between bankruptcy and insurance matters. A debtor’s or third party’s insurance policies are often viewed as a source of recovery by trustees and debtors-in-possession. Spotting and navigating such issues is oftentimes complicated by the fact that in the context of an appointed trustee there may not be anyone at the client to identify the claims or walk the trustee through the debtor’s documents. There may be critical notice requirements, as well as issues regarding whether the debtor’s insurance is an asset of the estate. There is also no one-size-fits-all insurance policy. Each comes with their own terms, conditions, and exclusions. The panel will discuss issues regarding notice, the types of insurance typically at issue, claims that potentially trigger coverage (and those that should not), and the concept of burning limits, which might affect what ultimately may be available for indemnification of claims. The panel will also discuss the benefits and drawbacks of different types of insurance policies, when they should be renewed, and how they can be used to benefit a bankruptcy estate. The panel will also survey recent case law pertaining to insurance issues in bankruptcy.
1.25 Legal Specialization in Bankruptcy Law
1.25 Participatory MCLE Credits
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