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AINSWORTH v. GENERAL REINSURANCE CORP.

United States Court of Appeals, Eighth Circuit (1985) | 751 F.2d 962

4 min read

TL;DR: A reinsurer settled directly with an insolvent insurer's policyholders for a reduced amount. The court held this was improper, ruling that reinsurance proceeds are an asset of the insolvent estate and must be paid in full to the receiver for distribution to all creditors.

Legal Significance: A reinsurer cannot circumvent its obligation to an insolvent insurer by settling directly with the original insured. Reinsurance proceeds, under a standard insolvency clause, become an asset of the insolvent estate upon the declaration of insolvency, payable in full to the receiver.

If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.

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