In Re Texscan Corporation, Debtor. Commercial Union Insurance Company v. Texscan Corporation
Court of Appeals for the Ninth Circuit
1Opinion of the Court
TANG, Circuit Judge.
OVERVIEW
Commercial Union Insurance Company (“CUIC”) appeals from the Bankruptcy Appellate Panel’s (“BAP”) ruling that the retrospective insurance premium contract between CUIC and Texscan Corporation (“Texscan”) was not an executory contract under 11 U.S.C. § 365. We affirm.
FACTUAL AND PROCEDURAL HISTORY
CUIC and Texscan entered into a contract called a Large Risk-Loss Dividend Plan (“Plan”). The term of the contract was from January 1, 1983 until January 1, 1986. The Plan provided business coverage to Texscan through various workmen’s compensation, comprehensive liability…
2Cases cited11 opinions
- In Re Coast Trading Company, Inc.Court of Appeals for the Ninth Circuit · 1984
- State Farm Mutual Automobile Insurance v. WilsonArizona Supreme Court · 1989
- In Re Pacific Express, Inc.Court of Appeals for the Ninth Circuit · 1986
- 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
- In Re Thc Financial Corp.Court of Appeals for the Ninth Circuit · 1982
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- In Re Valley View Shopping Center, L.P.United States Bankruptcy Court, D. Kansas · 2001
- In Re Sudbury, Inc.United States Bankruptcy Court, N.D. Ohio · 1993
- CASC Corp. v. Milner (In Re Locke)United States Bankruptcy Court, C.D. California · 1995
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