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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

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

Expect the unexpected: The year ahead for the Financial Institutions Sector
  • Hogan Lovells
  • European Union, United Kingdom, USA
  • January 13 2017

There’s nothing new about change in the financial institutions sector. As in previous years, change for firms will be driven largely by regulation and

Insurance settlement proceeds: held not subject to lien on payment intangibles, but might they have been proceeds of collateral?
  • Dykema Gossett PLLC
  • USA
  • May 14 2014

Sadly, sometimes tragedy strikes, as it did for the Montreal Maine & Atlantic Railway Ltd. in July, 2013, when one of its trains carrying crude oil

Kemper Insurance Company contingent claims filing deadline is fast approaching: what you need to know
  • McCarter & English LLP
  • USA
  • October 7 2015

Lumbermens Mutual Group, formerly known as Kemper Insurance Company (or just as Kemper), is comprised of Lumbermens Mutual Casualty Company, American

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

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

BREXIT: charting a new course
  • Herbert Smith Freehills LLP
  • European Union, Global, OECD, United Kingdom, USA
  • February 21 2017

If 2016 ended with more questions than answers as to how Brexit would take shape, 2017 began with at least a little more clarity. Speeches delivered

SDNY bankruptcy court says claims against insurer need not be “inextricably intertwined” with insurer’s relationship with debtor to fall within scope of channeling injunction
  • Weil Gotshal & Manges LLP
  • USA
  • August 11 2015

As the adage goes, everything old is new again. Just like old fads coming back into style, bankruptcy issues that first arose decades ago seem to

MF Global executives approved to access most of US $200 million insurance pool to help defend civil lawsuits
  • Katten Muchin Rosenman LLP
  • USA
  • September 7 2014

Fourteen former MF Global executives, including Jon Corzine, the former chairman and chief executive officer, are entitled to access most of a US