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This is a Literature Review study.

September 5, 2025

Issues of Subsidiary Liability Insurance for Controlling Debtors in Bankruptcy Cases

Puntos clave

Subsidiary liability insurance can aid those controlling debtors, but faces significant regulatory challenges.
Regulatory uncertainty and a limited insurance market inhibit growth in subsidiary liability insurance options.
The principles of entrepreneurial risk and guilt play critical roles in understanding subsidiary liability insurance.
The insurance contract for debtor controllers is vital for legal protection and fostering trust in corporate relations.

Resumen

The article examines the problematic aspects of subsidiary liability insurance for persons who control the debt-or in difficult economic conditions. The legal grounds and possibilities of applying insurance principles in the institution of subsidiary liability in bankruptcy are analyzed. Such categories of civil law as entrepreneurial risk and guilt are considered in the context of subsidiary liability insurance. It is noted that regulatory uncertainty, limited insurance market and lack of incentives for policyholders hinder the development of the insurance mar-ket for this type of liability. Conclusion is made about the special role of the insurance contract of persons con-trolling the debtor as a tool for their protection when considering relevant separate disputes in the context of the latest trends in judicial practice, as well as a means of strengthening trust between participants in civil turnover and corporate relations.

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