GAP THEORY

gap theory.Insurance. The principle that a tortfeasor will be considered underinsured if his or her liabili-ty-insurance coverage — although legally adequate — is less than the injured party’s underinsured-motorist coverage. • This principle allows an injured party to invoke underinsured-motorist coverage. Cf. EXCESS THEORY. [Cases: Insurance 2787.C.J.S. Insurance § 1657.] [Blacks Law 8th]

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GAP REPORT

gap report.In the making of federal court rules, a report that explains any changes made by an advisory com-mittee in the language of a proposed amendment to a procedural rule after its publication for comment. • Before advisory committees began issuing gap reports in the early 1980s, there were complaints that the public record did…

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GAP PERIOD

gap period.Bankruptcy. The duration of time between the filing of an involuntary bankruptcy petition and the entry of the order for relief. — Often shortened to gap. [Cases: Bankruptcy 2281. C.J.S. Bankruptcy § 56.][Blacks Law 8th]

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GAP-FILLER

gap-filler. A rule that supplies a contractual term that the parties failed to include in the contract. • For example, if the contract does not contain a sales price, UCC § 2-305(1) establishes the price as being a reasonable one at the time of delivery. Cf. default rule under RULE(1). [Cases: Sales 22(4), 23(4). C.J.S.…

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