Appeals, Insurance Litigation, Bankruptcy Court

Dismissal of Case Affirmed for Lack of Prosecution,Parallel Bankruptcy Trust Litigation No Excuse for Plaintiff’s Delay

Goldberg Segalla on 8/14/2025

Back in 2009, Salvador Parra filed suit in the trial court of Jones County, Mississippi against 19 companies for asbestos exposure. He amended to clarify he was a Louisiana citizen but was employed in Mississippi in 1968-69...more

2nd Circuit Refuses to Enforce Insurance Policy’s Arbitration Provision

Rivkin Radler LLP on 4/30/2025

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

Concurrent Causation is Key – Fifth Circuit Holds Insured to its Causative Burden

Zelle LLP on 4/22/2025

The United States Fifth Circuit Court of Appeals recently affirmed summary judgment granted by the bankruptcy court in favor of commercial property insurer in a Winter Storm Uri claim, holding that the insured motel owners...more

Non-Creditor was Entitled to Actual Notice of A Chapter 11 Plan’s Injunction Barring Suits Against Insurance Carriers

Patterson Belknap Webb & Tyler LLP on 4/1/2025

A federal district judge recently affirmed a bankruptcy judge’s ruling that a non-creditor was entitled to actual notice of an injunction that would bar the non-creditor from suing the debtors’ insurance carriers. In re Boy...more

Court of Appeals Finds That Insurers May Not Participate in Bankruptcy Negotiations by Invoking an Insured’s Duty to Cooperate

Pillsbury Winthrop Shaw Pittman LLP on 4/10/2023

In rejecting an insurer’s attempt to block confirmation of its insured’s bankruptcy plan, the Fourth Circuit found that an insurer may not interject itself into plan negotiations by invoking the duty to cooperate, nor does...more

Appeals › Insurance Litigation › Bankruptcy Court

Dismissal of Case Affirmed for Lack of Prosecution,Parallel Bankruptcy Trust Litigation No Excuse for Plaintiff’s Delay

2nd Circuit Refuses to Enforce Insurance Policy’s Arbitration Provision

Concurrent Causation is Key – Fifth Circuit Holds Insured to its Causative Burden

Non-Creditor was Entitled to Actual Notice of A Chapter 11 Plan’s Injunction Barring Suits Against Insurance Carriers

Court of Appeals Finds That Insurers May Not Participate in Bankruptcy Negotiations by Invoking an Insured’s Duty to Cooperate

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