The appeal by an insurer ("Sovereign") was dismissed. The Court found that the notice provided to Sovereign by a co-defendant of the bankrupt insured was sufficient notice in accordance with the policy conditions for liability coverage. In the alternative, that the plaintiffs were entitled to relief from forfeiture.
[2011] O.J. No. 4106
2011 ONCA 597
Ontario Court of Appeal
D.R. O'Connor A.C.J.O., J.I. Laskin and J.C. MacPherson JJ.A.
September 19, 2011
The appellant insurer sought leave to appeal the order of the Chambers Judge who dismissed it’s application to be added as a party or intervener in an underlying liability action in the Supreme Court of British Columbia.
[2011] B.C.J. No. 1336
2011 BCCA 326
British Columbia Court of Appeal (In Bankruptcy and Insolvency)
P.A. Kirkpatrick J.A. (In Chambers)
July 8, 2011
Action for return of premiums paid of key man insurance policies dismissed.
[2011] O.J. No. 3387
Ontario Superior Court of Justice
M.A. Penny J.
January 21, 2011
Directors and officers of corporations are often subject to potential personal liabilities as a result of their positions. This potential for personal liability may be increased in the insolvency context, where a corporation’s creditors will seek to collect on certain debts from alternate sources, such as directors and officers. Directors and officers often utilize insurance and various court mechanisms in order to mitigate their personal liabilities.
On July 14, 2009, the Ontario Superior Court of Justice released its decision in Canada (Attorney General) v. Reliance Insurance Company, an application regarding the allocation of surplus arising from the liquidation of the Canadian branch (Reliance Canada) of U.S.-based Reliance Insurance Company (Reliance U.S.), a property and casualty insurer that was itself in liquidation.
GE financed two tractor trailers for Brampton Leasing & Rentals Ltd. (“Debtor”) under conditional sale contracts and perfected its security under the Personal Property Security Act (Ontario) (“PPSA”).
The Debtor leased the vehicles to lessees, who obtained vehicle insurance from ING. GE was not named as a loss payee by the Debtor or the lessees.
2017 Proskauer Annual Review and Outlook for Hedge Funds, Private Equity Funds and
Other Private Funds
2017 Proskauer Annual Review and Outlook for Hedge Funds, Private Equity
Funds and Other Private Funds
The following annual review and outlook (Annual Review) is a summary of some of the significant changes and developments that occurred in the past year and certain recommended practices that investment advisers to hedge funds, private equity funds and other private funds (collectively, private funds) should consider when preparing for 2018.
——新修订将如何影响上市公司重组
作为打击壳股活动的一系列举措之一,香港联合交易所有限公司(以下简称“联交所”)修订了《香港联合交易所有限公司证券上市规则》(以下简称“《上市规则》”)中的大量条文,并发布了相关指引信。最新修订的条文于2019年10月1日生效,修订主要关于借壳上市和持续上市准则有关。其他已于2018年开始生效修订的条文与除牌机制和融资规则有关。除此之外,联交所逐渐加强了对新上市申请人的上市适合性审查。尽管这些修订主要针对壳股活动,但是也会影响其他重组活动,包括上市公司破产重组。
我们将在本文中分享对上述修订及其对上市公司破产重组的影响的看法。本文不讨论《上市规则》中所有经过修订的条文,仅关注某些会影响上市公司重组的特定条文。
除牌制度
在2018年8月以前,根据《上市规则》第17项应用指引的规定,除牌程序由三阶段组成。但在2018年8月以后,除牌程序简单化,上市公司持续停牌18个月,联交所即可将其除牌。
February 2017 N° 19 Fondo Atlante and the future for the financial institutions Tommaso dalla Massara Some news on insolvency procedures Fabio Marelli EU Commission first draft of ePrivacy Regulation Rocco Panetta Insurance Distribution Directive Guido Foglia ACROSS THE EUNIVERSE 2 In this Issue Editorial Giovanni Moschetta, Bernard O'Connor 3 What's App in Europe 4 Bernard O'Connor The next big thing for European data protection: EU Commission publishes first draft of ePrivacy Regulation to be discussed during GDPR transition period 6 Rocco Panetta, Francesco Armaroli Critical features of
On October 21, 2008, the China Insurance Regulatory Commission of the PRC (CIRC) issued the Circular on Implementing the Administrative Provisions on the Solvency of Insurance Companies which went into effect on the same day. The Administrative Provisions on the Solvency of Insurance Companies, which the Circular intends to implement, replaced the 2003 Provisions for the Administration of the Insurance Company Solvency Quota and Regulatory Indices (the 2003 Provisions). The 2003 Provisions did not prioritize solvency issues.