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02/06/2013 01:21:34 PM EST

Bankruptcy Judge Denies Dismissal Of Insurer's Aiding, Abetting Claim

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LexisNexis® Mealey's™ Bankruptcy Legal News

WEST PALM BEACH, Fla. - A federal bankruptcy judge in Florida on Jan. 18 refused to dismiss bankrupt insurers' claims for aiding and abetting and breach of fiduciary duty against companies regarding real estate investments; however, the judge did dismiss the insurers' rescission claim under the claim preclusion doctrine (In re: British American Insurance Co. Ltd., No. 09-31881 & 09-35888, In re: British American Isle of Venice $(BVI$) Ltd., No. 10-21627, British American Isle of Venice $(BVI$) and British American Insurance Co. Ltd. v. Robert Fullerton, et al., Adv. Proc. No. 11-03117, British American Insurance Co. Ltd. v. Robert Fullerton, et al., Adv. Proc. No. 11-03118, Chapter 15, S.D. Fla. Bkcy.; 2013 Bankr. LEXIS 217).Full story on lexis.com