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Article

Proskauer Rose LLP | USA | 14 Sep 2011

Hirchert Family Trust v. Johnee Ann Alle Hirchert (District Court of Appeal of Florida, Fifth District, June 17, 2011)

The District Court of Appeal of Florida upheld an exception to the Florida homestead exemption in a case where a trusteedeceased husband of the defendant breached his fiduciary duty as trustee in California, and the defendant later used the proceeds resulting from this breach to purchase real property in Florida.

Article

McGuireWoods LLP | USA | 15 Jun 2011

The Fundamentalist Church of Jesus Christ of Latter-Day Saints v. The Honorable Denise P. Lindberg, Third District Court Judge, 2010 Utah LEXIS 115 (August 27, 2010)

In 1942, the predecessor to the Church of Jesus Christ of Latter-Day Saints formed the United Effort Plan Trust (UEP Trust) for charitable and philanthropic purposes, but conditioned membership in the UEP Trust on consecration of real and mixed property to the trust.

Article

Wiley Rein LLP | USA | 14 Jun 2007

New York court holds insured v insured exclusion bars coverage only for portion of suit brought by individual insureds

A New York State trial court has held that an insured v insured exclusion in a not-for-profit policy barred coverage only for the portion of a suit that was brought by "Individual Insureds," ruling that there was coverage for the remainder of the suit brought on behalf of private individuals who were not insureds.

Article

Wiley Rein LLP | USA | 15 May 2007

Bankruptcy trustees not entitled to injunctive relief that would give them priority to D&O policy proceeds

The United States Bankruptcy Court for the District of Massachusetts has denied injunctive relief requested by two bankruptcy trustees seeking to stay the prosecution and settlement of shareholder actions proceeding against various former officers and directors of a bankrupt corporation.

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