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Allens Arthur Robinson

Paper: Insurance / Insolvency - View from the Outback

In brief: This paper looks at the judicial management regime for insolvent Australian insurers and Chapter 15 of Title 11 of the US Code.

The paper discusses a Case Study that looks at a number of aspects of Australian and American law that brings into focus:

  • the UNCITRAL Model Law on Cross-Border Insolvency, the Cross-Border Insolvency Act 2008 (Cth) and Chapter 15 of Title 11 (Bankruptcy) of the US Code;
  • the judicial management regime in Australia; and
  • the capital adequacy and reinsurance requirements imposed by the Australian Prudential Regulation Authority .

The paper then deals with the particular issues which might arise in the Case Study in relation to the Australian registered general insurer, Outback.

Presented in Vancouver on Sunday 21 June 2009 at the INSOL 2009 Insurance Insolvency Ancillary Meeting.

For more, download the paper (as an adobe acrobat pdf – 125KB).

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