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Paper: How to tell if an insurance company is insolvent: what lessons we can learn from past insurance company collapses

In brief: AAR partner Michael Quinlan (view CV) discusses a number of interesting issues impacting insurance and reinsurance companies relating to the Corporations Act 2001 (Cth) (the Act) insolvency and restructuring provisions.

Presented in Corporate Insolvency Forum in Sydney on 5 December 2007.

In particular, the paper will deal with:

  • defining when an insurer is insolvent for the purposes of the Act and outlining the implications;
  • answering the vexed question of when an insurance claim is a 'debt';
  • outlining the exposure of directors and parent companies of insurance companies for insolvent trading;
  • considering whether statutory demands can be used by insureds against their insurer;
  • examining issues relating to the distribution and availability of onshore and offshore assets of an insolvent insurer;
  • considering whether or not voluntary administration is an option for insurers in runoff; and
  • discussing the increasing use of solvent schemes of arrangement.

For more, download the paper (as an adobe acrobat pdf – 270KB)

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