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Insurance arrears in CH 7 and insurer coverage for
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format="flowed"
If this was a prepetition period, the Chapter 7 would discharge any
malpractice claim anyway so the debtor does not have much to worry
about. I am not an insurance law expert, but most e&o policies
coverage are on a claims made basis. If there is no policy in effect
when the claim is made, there is no coverage. It does not matter
whether or not there was coverage at the time of the malpractice. If
the current coverage relates back to prior acts the claim is covered.
If it does not relate back or there is no current insurance, the
malpractice claim is not covered.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
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On Sat, 10 Mar 2012 18:28:09 -0800, Holly Roark wrote:
If debtor includes in his chapter 7 the arrears of his
malpractice
insurance policy, can the insurer refuse coverage for that period if a
claim were to arise during that time or would that violate some
provision of the bankruptcy code?
Sent from my mobile device
Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
start="a905eqvm0j@webmail.mysuperpageshosting.com"
charsetF-8
p{margin: 0;padding: 0;}If this was a prepetition period, the
Chapter 7 would discharge any malpractice claim anyway so the debtor does not
have much to worry about. I am not an insurance law expert, but most
e&o policies coverage are on a claims made basis. If there is no
policy in effect when the claim is made, there is no coverage. It does not
matter whether or not there was coverage at the time of the malpractice.
If the current coverage relates back to prior acts the claim is covered.
If it does not relate back or there is no current insurance, the malpractice
claim is not covered.
Mark T. JesseeLaw Offices of Mark T. Jessee"A Debt Relief
Agency"50 W. Hillcrest Drive, Suite 200Thousand Oaks, CA 91360(805)
497-5868 (805) 497-5864 (Facsimile)NOTICE TO RECIPIENT: THIS E-MAIL IS
MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION, AND THIS
COMMUNICATION IS INTENDED TO BE PRIVILEGED BY LAW. IF YOU RECEIVED THIS E-MAIL
IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS
E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY
RETURN E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN
ADVANCE FOR YOUR COOPERATION.
On Sat, 10 Mar 2012 18:28:09 -0800, Holly Roark
<hollyroark22@gmail.com> wrote:
The post was migrated from Yahoo.