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Excalibur reinsurance corporation placed into liquidation
  • Carlton Fields
  • USA
  • August 17 2016

Excalibur had been in run-off status since 2003, and under regulatory supervision since at least 2013. A Pennsylvania court has now placed Excalibur


Financial ruin and the duty to settle within policy limits
  • Kilpatrick Townsend & Stockton LLP
  • USA
  • October 17 2013

A liability insurance company has the right to take over the defense of a policyholder and to control all settlement discussions. What happens if the


Securing Lender Access to Insurance Proceeds in Bankruptcy
  • Haynes and Boone LLP
  • USA
  • May 31 2016

In most financing transactions, particularly project finance transactions, lenders seek to obtain security over all of a borrower’s assets. One


Are you Covered? The Insured v. Insured Exclusion
  • Weil Gotshal & Manges LLP
  • USA
  • May 31 2016

The availability of a debtor’s insurance policy can have a significant impact on its chapter 11 case. Indeed, in certain chapter 11 cases insurance


Delaware Supreme Court holds that dissolution statutes do not extinguish a dissolved corporation’s potential liability to third parties
  • Cahill Gordon & Reindel LLP
  • USA
  • December 13 2013

The Delaware Supreme Court recently offered new insight into a dissolved corporation's exposure to liability for third party claims. In Anderson v


New restrictions on creditors’ rights exclusions in title insurance policies
  • Bryan Cave LLP
  • USA
  • February 12 2010

Anyone who obtains title insurance, whether as an owner or a lender, should be aware of a recent abrupt and significant change in title insurance practices across the country


A guide to surviving the Kemper liquidation
  • Dentons
  • USA
  • February 4 2010

In response to an imminent Order of Liquidation against the Kemper Insurance Companies, we have prepared the following "frequently asked questions" guide summarizing issues related to: (i) the financial regulation of insurance companies; (ii) the liquidation and proof of claim process in Illinois; (iii) potential recovery by policyholders of the amount of "covered" workers' compensation claims from state guaranty associations; (iv) policyholder collateral; and (v) planning a response to the Kemper liquidation


A guide to surviving the Lumbermens rehabilitation & liquidation
  • Dentons
  • USA
  • July 2 2012

In response to the July 2, 2012 Order of Rehabilitation, and an anticipated Order of Liquidation, against Lumbermens Mutual Casualty Company and American Manufacturers Mutual Insurance Company, we have prepared the following “frequently asked questions” guide summarizing issues related to: (i) the financial regulation of insurance companies; (ii) the liquidation and proof of claim process in Illinois; (iii) potential recovery by policyholders of the amount of “covered” workers’ compensation claims from state guaranty associations; (iv) policyholder collateral; and (v) planning a response to the Lumbermens liquidation


Priority of payments provision allows insurer to make settlement payments on covered claims against directors and officers
  • Wiley Rein LLP
  • USA
  • 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


Florida District Court affirms Bankruptcy Court bar order in favor of former Ds & Os
  • Carlton Fields
  • USA
  • September 28 2015

On September 24, Southern District of Florida District Court Judge James I. Cohn issued an opinion affirming an order approving the settlement of a