Legal Opinion

Texscan Corp. v. Commercial Union Insurance (In Re Texscan Corp.)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided November 30, 1989No. BAP No. AZ-88-1896, Bankruptcy No. B-85-3618-PHX-GBNPublishedCited by 8 opinions

1Opinion of the Court

OPINION

JONES, Bankruptcy Judge:

The Appellant, Texscan Corporation, appeals a bankruptcy court order denying its motion to reject an executory contract. We reverse.

FACTS

Commercial Union Insurance Companies (“CUIC”) and Texscan Corporation (“Texscan”) entered into a contract called a Large Risk-Loss Dividend Plan (“Plan”). The Plan provided business coverage to Texscan through various workmen’s compensation, comprehensive liability and automobile insurance contracts for claims arising from January 1, 1983 until January 1, 1986.

The Plan is modeled after a retrospective insurance premium…

2Cases cited5 opinions

  1. In Re American Mariner Industries, Inc., Debtor. Crocker National Bank v. American Mariner Industries, Inc., Debtor-AppelleeCourt of Appeals for the Ninth Circuit · 1984
  2. In Re New England Fish CompanyCourt of Appeals for the Ninth Circuit · 1984
  3. In Re Pacific Express, Inc.Court of Appeals for the Ninth Circuit · 1986
  4. In Re the Select-A-Seat Corporation, an Arizona Corporation, Debtors. Fenix Cattle Company v. Warren M. Silver, TrusteeCourt of Appeals for the Ninth Circuit · 1980
  5. Fireman's Fund Insurance v. Wheeling-Pittsburgh Steel Corp. (In Re Wheeling-Pittsburgh Steel Corp.)District Court, W.D. Pennsylvania · 1986

3Cited by8 opinions

  1. In Re Texscan Corporation, Debtor. Commercial Union Insurance Company v. Texscan CorporationCourt of Appeals for the Ninth Circuit · 1992
  2. In Re Sudbury, Inc.United States Bankruptcy Court, N.D. Ohio · 1993
  3. In Re Balco Equities Ltd., Inc.United States Bankruptcy Court, S.D. New York · 2004
  4. In Re Owen-JohnsonUnited States Bankruptcy Court, S.D. California · 1990
  5. Unsecured Claims Estate Representative of Teligent, Inc. v. Cigna Healthcare, Inc. (In Re Teligent Inc.)United States Bankruptcy Court, S.D. New York · 2005

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