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Retrospective Premium Policies: What Happens in Bankruptcy?

By Charlotte L. Wager and Brian C. Boardman

Retrospective premium policies allow premiums to be adjusted over time and thereby reflect the loss experience of the policyholder. When a policyholder files for bankruptcy, the existence of retrospective policies raises unique issues. First, is the insurer relieved from liability where the policyholder has failed to pay retrospective premiums? Second, how is an insurer's claim for retrospective premiums classified in the bankruptcy process? This article surveys the prevailing law on these issues.

Background

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