Legal Opinion
Terry v. Standard Insurance (In Re Terry)
United States Bankruptcy Appellate Panel for the Eighth Circuit
Decided January 28, 2011No. BAP 10-6058PublishedCited by 3 opinions
1Opinion of the Court
KRESSEL, Chief Judge.
The Standard Insurance Company appeals 1 from an order of the bankruptcy court granting the debtor’s complaint for a declaratory judgment. The court determined that Standard may not recoup $45,316.54 of disability insurance “overpay-ments” from the debtor’s future disability payments. For the reasons below, we reverse and remand.
BACKGROUND
The facts were established by stipulation of the parties and are not in dispute. The debtor, Joseph Terry, was employed by the state of Missouri. He received a group long term disability policy through the Missouri State Employees’…
2Cases cited6 opinions
- Reiter v. CooperSupreme Court of the United States · 1993
- In Re B & L Oil Company, Debtor, Ashland Petroleum Company v. Garry R. Appel, Trustee for B & L Oil CompanyCourt of Appeals for the Tenth Circuit · 1986
- Hutchinson v. OtisSupreme Court of the United States · 1903
- Williams v. NeelyCourt of Appeals for the Eighth Circuit · 1904
- CIT Group / Equipment Financing, Inc. v. M & S Grading, Inc.United States Bankruptcy Appellate Panel for the Eighth Circuit · 2006
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Joseph Terry v. Standard Insurance CompanyCourt of Appeals for the Eighth Circuit · 2012
- Terry v. Standard Insurance (In Re Terry)United States Bankruptcy Court, W.D. Missouri · 2011
- Terry v. Standard Insurance (In Re Terry)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2011