News & Analysis as of

Bankruptcy Court Insurance Litigation

Goldberg Segalla

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

Goldberg Segalla on

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

Rivkin Radler LLP

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

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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

Zelle  LLP

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

Zelle LLP on

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

Patterson Belknap Webb & Tyler LLP

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

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

Wiley Rein LLP

California Federal Court Holds Coverage Barred By Prior Notice Exclusion and Related Claims Provision

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The United States District Court for the Central District of California, applying California law, granted an insurer’s motion for summary judgment, concluding that (1) the policy’s prior notice exclusion applied; and (2) the...more

DLA Piper

SDNY Bankruptcy Court Approves Settlement Agreements with Nonconsensual Third-Party Releases for Insurance Companies

DLA Piper on

In the chapter 11 bankruptcy case of In re Roman Catholic Diocese of Rockville Centre, New York, Case No. 20-12345 (MG), the US Bankruptcy Court for the Southern District of New York recently approved settlement agreements...more

Rivkin Radler LLP

Insurance Update - July 2024

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It’s not often that the U.S. Supreme Court weighs in on insurance issues. That’s because the McCarran-Ferguson Act gives states the primary authority to regulate the business of insurance. So when the Supreme Court speaks on...more

Wiley Rein LLP

Insurer’s Motion to Dismiss Denied Where Complaint Plausibly Alleged Rescission of Policies Was Untimely Under Wisconsin Statute

Wiley Rein LLP on

The United States Bankruptcy Court for the Eastern District of Wisconsin, applying Wisconsin law, denied an insurer’s motion to dismiss on the grounds that the insured dentist’s complaint plausibly alleged that the insurer’s...more

Pillsbury Winthrop Shaw Pittman LLP

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

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

JAMS

Co-Mediation of Insurance Issues in Bankruptcy Cases

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The coronavirus pandemic has driven many companies into bankruptcy, including well-known names such as Brooks Brothers, Neiman Marcus, J.C. Penney, J. Crew and Hertz. In addition to raising bankruptcy-specific issues, the...more

Carlton Fields

Bankruptcy Court Requires An MF Global Holdings Bermuda Reinsurer To Post $15 Million Bond Before Deciding Motion To Compel...

Carlton Fields on

In the most recent decision in an ongoing dispute between MF Global Holdings Ltd. and its (re)insurers, the Bankruptcy Court for the Southern District of New York ordered Allied World to post a $15 million bond before the...more

Carlton Fields

Bankruptcy Court Holds Bermuda Insurers Violated Barton Doctrine By Seeking Anti-Suit Injunctions In Bermuda Courts

Carlton Fields on

Two separate courts in the Southern District of New York have recently issued opinions relating to a complicated bankruptcy proceeding following the collapse of MF Global Holdings Ltd. in 2011. The underlying dispute involves...more

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