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Undercapitalization in the absence of liability insurance could be grounds for piercing the corporate veil.



It can? Has that actually happened (in the UK or US), or been argued, ever? Can you cite a source?


Vuylsteke v. Broan, Minton v. Cavaney, State v. Weinschenk, Anderson v. Abbott.


Sorry, I was imprecise. I understand that it is possible to collect damages from controlling shareholders of corporations; for instance, in any tort case; in several states, unpaid wages also incur liability on company owners, as they did in Vuylsteke. I was asking specifically about your liability insurance argument.


You mean that insurance can count in determining adequate capitalization?

The cases I can find that are most on point is Walkovszky v. Carlton, where a claim of underinsurance was directly at issue (unsuccessful because the insurance that was carried met an explicit statutory requirement) and Autrey v. 22 Texas Services Inc. (on a summary judgement motion finding there are facts in dispute, so not squarely ruled on).

A couple of relevant papers that discuss insurance throughout:

http://scholarship.kentlaw.iit.edu/cgi/viewcontent.cgi?artic...

http://www.law.emory.edu/fileadmin/journals/elj/56/5/Millon....




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