A Second Circuit U.S. Court of Appeals decision refused an attempt to expand the scope of an insurance policy’s arbitration provision, creating the need for extra caution when interpreting policies.
In Ehrenberg v. Allied...more
4/30/2025
/ Appeals ,
Arbitration ,
Bankruptcy Court ,
Chapter 11 ,
Commercial Bankruptcy ,
Contract Terms ,
D&O Insurance ,
Insurance Claims ,
Insurance Litigation ,
Policy Terms ,
Trustees
In one of the most publicized terms for the U.S. Supreme Court, one June decision has not received the attention it deserves: Truck Insurance Exchange v. Kaiser Gypsum Company Inc. Truck upends decades of Chapter 11...more
10/30/2024
/ Asbestos ,
Bankruptcy Trustees ,
Chapter 11 ,
Commercial Bankruptcy ,
Creditors ,
Debtors ,
Insurance Claims ,
Real Party in Interest ,
Reorganizations ,
SCOTUS ,
Truck Insurance Exchange v Kaiser Gypsum Co Inc
When a business leases commercial space, it is common practice for the landlord to request that the company provide a personal guaranty, a protective measure taken to ensure landlords have recourse against a commercial lessee...more
The U.S. Supreme Court on June 6, 2024, held that an insurer with a financial responsibility for bankruptcy claims is a party in interest and has standing to raise and be heard on issues in a Chapter 11 proceeding. In Truck...more
Recently, a bankruptcy judge denied a request by a creditors’ committee to sue the insurers of the Roman Catholic Diocese of Rockville Centre (the “Debtor”).
The judge found that the Official Committee of Unsecured...more
The Coronavirus Aid, Relief, and Economic Security Act(CARES Act), signed by President Trump on March 27, 2020, contains key changes to the Bankruptcy Code. The CARES Act and the previously enacted Small Business...more