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IN RE B & K HYDRAULIC CO.

Bankruptcy Nos. 88-0540-R, 86-02934-R.

106 B.R. 131 (1989)

In re B & K HYDRAULIC COMPANY, Debtor. Robert S. HERTZBERG, Trustee, Plaintiff, v. LOYAL AMERICAN LIFE INSURANCE COMPANY, Defendant.

United States Bankruptcy Court, E.D. Michigan, S.D.

October 25, 1989.

Attorney(s) appearing for the Case

Robert S. Hertzberg, Birmingham, Mich., for plaintiff.

James Murphy, Detroit, Mich., for defendant.

MEMORANDUM OPINION

STEVEN W. RHODES, Bankruptcy Judge.

I.

The issue in this adversary proceeding is whether the defendant, Loyal American Life Insurance Company, is liable on a life insurance policy following the death of the insured. Loyal American denies liability on the ground that the policy lapsed by its own terms when the trustee, Robert Hertzberg, failed to make the required post-petition premium payments. Hertzberg contends that the insurance...

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