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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

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

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

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

Solvent run-off schemes in the United States: the Rhode Island statute and current challenges
  • Foley & Lardner LLP
  • USA
  • March 21 2011

On March 16, 2011, a Rhode Island Superior Court heard arguments on whether Rhode Island's solvent restructuring statute violates the Contracts Clause of the U.S. Constitution

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

A warning to financial institutions: failure to issue a litigation hold may have serious consequences
  • Frost Brown Todd LLC
  • USA
  • May 3 2013

As electronic discovery has become more prevalent and voluminous, national standards for the preservation of evidence have evolved dramatically in

Federal-Mogul court confirms that bankruptcy law trumps anti-assignment provisions in insurance policies
  • Cadwalader Wickersham & Taft LLP
  • USA
  • July 18 2012

On May 1, 2012, the United States Court of Appeals for the Third Circuit in In re FederalMogul Global, Inc. confirmed that anti-assignment provisions in a debtor’s insurance liability policies are preempted by the Bankruptcy Code to the extent they prohibit the transfer of a debtor’s rights under such policies to a personal-injury trust pursuant to a chapter 11 plan

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

Insolvency of underlying insurer does not trigger next coverage layer
  • Manatt Phelps & Phillips LLP
  • USA
  • July 16 2014

A Pennsylvania trial court judge decided that the insolvency of an underlying excess insurer did not trigger coverage from an insurer providing a