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Judgment creditor collaterally estopped by default judgment against insured

Wiley Rein LLP
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USA
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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
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USA
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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

Claimant may use Connecticut direct action statute to sue carrier after compromising claim with policyholder

Wiley Rein LLP
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USA
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April 9 2013

The United States District Court for the District of Connecticut has held that a settlement agreement between the claimant and policyholder satisfies

Controlling shareholder’s bankruptcy does not render entity insolvent; fraud claim uninsurable as a matter of law

Wiley Rein LLP
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USA
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April 9 2013

Applying Minnesota law, a federal district court has held that, where an entity's principal shareholder was insolvent, but the entity was not, the

Bankruptcy court exercises jurisdiction over trustee’s adversary proceeding against insurer

Wiley Rein LLP
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USA
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January 18 2013

The United States Bankruptcy Court for the Eastern District of New York held that it had subject matter jurisdiction over a bankruptcy trustee's

Sole equity partner of dissolved law firm held liable for judgment

Wiley Rein LLP
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USA
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January 2 2013

Applying California law, a California appellate court has held, in an unpublished opinion, that a judgment for reimbursement against an insured law firm

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

Wiley Rein LLP
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USA
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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

Settlement agreement extends to later claims covered by scope of release

Wiley Rein LLP
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USA
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November 12 2012

The United States District Court for the Eastern District of Virginia, applying Texas law, has held that a settlement agreement resolving coverage litigation released the insurer’s obligation for defense costs for certain claims tendered for coverage under a subsequent policy

Priority of payments provision allows insurer to make settlement payments on covered claims against directors and officers

Wiley Rein LLP
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USA
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October 25 2012

The United States Bankruptcy Court for the District of Nebraska has held that an insurer may make settlement payments for claims against a debtor’s directors and officers where any claims of the debtor are subordinate to those of the directors and officers under the terms of the policy

Georgia bankruptcy court: FDIC may sue officer of failed bank, notwithstanding his bankruptcy, if defense and recovery limited to D&O insurance

Wiley Rein LLP
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USA
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August 28 2012

A Georgia bankruptcy court has held that notwithstanding the discharge of an individual in his individual bankruptcy proceeding, the Federal Deposit Insurance Corporation (FDIC) may file suit against the individual as a former officer of a failed bank so long as the applicable D&O policy covers defense costs and the FDIC’s recovery is limited to insurance proceeds

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