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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


Real Property & Title Insurance Update: Week Ending July 29, 2016
  • Carlton Fields
  • USA
  • August 1 2016

Because final judgment entered day after defendant’s petition for bankruptcy, automatic stay imposed by 11 U.S.C. 362 was in effect and, thus


MF Global and Individual Defendants Finalize Settlement With Customers and Other Creditors
  • Katten Muchin Rosenman LLP
  • USA
  • July 24 2016

The infamous history of MF Global is closer to ending after the administrator for the bankrupt holding company filed a proposed notice of settlement


Life Settlement Investments: Avoiding the Pitfalls in the Event the Life Settlement Company Files for Bankruptcy
  • Berger Singerman LLP
  • USA
  • July 18 2016

For those who may be considering an investment in life settlements (see my previous blog for background), recent bankruptcy filings of life


Excess Policies at Issue Deemed Not to Attach Absent Actual Payment of the Amount of Underlying Limits by Either the Insured or its Underlying Insurers
  • K&L Gates
  • USA
  • July 6 2016

Policyholders contemplating insurance coverage settlements with low-level insurers should use caution to preserve their ability to access


Settle with Caution: Excess Insurers May Have an Additional Coverage Defense
  • Pillsbury Winthrop Shaw Pittman LLP
  • USA
  • June 20 2016

Ever since the U.S. Court of Appeals for the Second Circuit decided Zeig v. Mass. Bonding & Insurance Co. in 1928, it has been well-settled that a


International review - May 2016
  • Clyde & Co LLP
  • Australia, Canada, OECD, United Kingdom, USA
  • May 31 2016

Since our last update, there have been significant developments in the FI and D&O landscape. November saw the first ever UK deferred prosecution


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


Insured vs. Insured exclusions in post-insolvency claims
  • DAC Beachcroft
  • USA
  • May 25 2016

A common query with D&O insurance coverage is whether post-insolvency claims against the insolvent company’s directors and officers trigger the