Search results

Order by most recent / most popular / relevance

Results: 1-10 of 122

Judgment creditor collaterally estopped by default judgment against insured

Wiley Rein LLP
-
USA
-
May 20 2013

The United States District Court for the Northern District of Georgia, applying Georgia law, has held that a default judgment against an insured in a

Supreme Court declines to review equitable mootness standard

Wiley Rein LLP
-
USA
-
May 3 2013

On April 29, 2013, the Supreme Court of the United States declined to hear an appeal of the Second Circuit's decision dismissing, as equitably moot

Commercial leases in bankruptcy

Wiley Rein LLP
-
USA
-
February 17 2012

The last several years have seen bankruptcy filings from prominent retail chains such as Borders, Circuit City, Blockbuster, Movie Gallery and Ritz Camera

Upon appointment of FDIC as receiver, coverage under D&O policy ceased but policy was not automatically terminated

Wiley Rein LLP
-
USA
-
January 5 2010

The United States District Court for the District of Kansas, applying Kansas law, has held that a D&O policy issued to a bank was not automatically canceled or terminated when the FDIC was appointed as the bank’s receiver but that coverage under the policy ceased

Case study: in re Dynegy Holdings

Wiley Rein LLP
-
USA
-
April 16 2012

On March 9, 2012, Susheel Kirpalani, the court-appointed examiner for Dynegy Holdings LLC (Dynegy), concluded that the debtor's transfer of certain assets to its parent company, Dynegy Inc., prior to its bankruptcy filing may be recoverable as a fraudulent transfer

Professional liability policy proceeds not property of bankruptcy estates

Wiley Rein LLP
-
USA
-
June 23 2011

The United States Bankruptcy Court for the District of Nevada has held that proceeds from a professional liability policy were not property of the insured-debtors' bankruptcy estate because the proceeds were payable only for the benefit of third party claimants and could not be accessed by the debtors directly

Court grants objection to interrogatory seeking information about other insureds' claims, denies objection regarding other claims noticed by the insured's affiliates

Wiley Rein LLP
-
USA
-
May 20 2011

A United States Magistrate Judge in the United States District Court for the Western District of North Carolina has denied a motion to compel discovery of all claims for which the insurer had denied coverage based on the desire of an insolvent insured to forfeit coverage

Rescission effective upon filing of rescission complaint

Wiley Rein LLP
-
USA
-
June 9 2010

In a decision not designated for publication, the United States District Court for the Northern District of California, applying California law, has held that an insurer's declaratory judgment complaint for rescission effectuated the rescission of the policy and that the subsequent coverage litigation confirmed the validity of the rescission

Liquidation of troubled businesses

Wiley Rein LLP
-
USA
-
March 6 2009

Liquidations of struggling enterprises can take several forms

Federal court exercises jurisdiction over insurer’s declaratory judgment action arising out of FDIC demand

Wiley Rein LLP
-
USA
-
December 17 2012

The United States District Court for the Eastern District of California, applying California law, has concluded that it should exercise jurisdiction under the federal Declaratory Judgment Act to determine the availability of coverage for a written demand and has held that the related coverage action should not be stayed in favor of potential future underlying litigation between the Federal Deposition Insurance Corporation (FDIC) and the insureds because the outcome of the coverage litigation would not be dependent on resolution of disputed facts in such a future action

next >