Medical Malpractice Insurance Association v. Hirsch (In Re Lavigne)
United States Bankruptcy Court for the Southern District of New York
183 B.R. 65 (1995)
- Written by Philip Glass, JD
Facts
On October 8, 1992, Dr. Jeffery E. Lavigne (debtor) filed for Chapter 11 bankruptcy and acted as debtor-in-possession with the authority to continue operating his medical business in the usual manner. Although Lavigne had a professional-liability-insurance policy when he entered Chapter 11, he terminated his policy on September 24, 1998, without notice, hearing, or court authorization. A liability-insurance policy is considered estate property, the maintenance of which was the responsibility of Lavigne. When Lavigne canceled his policy, he was subject to several tort claims and had closed down his last medical office. After terminating the policy, Lavigne attempted suicide. In reaction, the court appointed a trustee on January 27, 1994. This trustee, seeking to protect estate assets and creditor interests, tried to restore coverage but failed because of either a policy rejection or the closing of the option period. The bankruptcy court heard evidence on the effectiveness of Lavigne’s policy termination as of January 27, 1994, the date of Chapter 7 conversion.
Rule of Law
Issue
Holding and Reasoning (Lifland, C.J.)
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