Legal Opinion
Low v. Lan
California Court of Appeal
Decided March 21, 2002No. G023366PublishedCited by 4 opinions
1Opinion of the Court
Opinion
SILLS, P. J.
I. Introduction
When an insurance company becomes insolvent, the Insurance Code authorizes the liquidator (who is usually the state Insurance Commissioner) to bring an action to recover any money that was paid to a creditor of the company within four months of the filing of the petition for liquidation, if the payment had the effect of putting the creditor in a better position than another creditor “of the same class” in the liquidation. (Ins. Code, § 1034.) This case requires us to ascertain four separate questions concerning time periods which govern such “preference…
2Cases cited23 opinions
- Barnhill v. JohnsonSupreme Court of the United States · 1992
- Ohio v. KovacsSupreme Court of the United States · 1985
- Romano v. Rockwell International, Inc.California Supreme Court · 1996
- Zilkha Energy Company v. Arthur Leighton, Verna Leighton, George W. Leighton, Susan Kay Stansberry, Ann E. Thompson, and Michael Frank ThompsonCourt of Appeals for the Tenth Circuit · 1990
- Webster v. Superior CourtCalifornia Supreme Court · 1988
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3Cited by4 opinions
- Goehring v. Chapman UniversityCalifornia Court of Appeal · 2004
- Garamendi v. Golden Eagle InsuranceCalifornia Court of Appeal · 2005
- Brandenburg v. EUREKA REDEVELOPMENT AGENCYCalifornia Court of Appeal · 2007
- Valdez v. HimmelfarbCalifornia Court of Appeal · 2006