Insurance Rights Can Be Assigned To Asbestos Trusts, 3rd Circuit Holds

PHILADELPHIA - The U.S. Bankruptcy Code trumps anti-assignment provisions in insurance policies, the Third Circuit U.S. Court of Appeals held May 1 ( In re: Federal-Mogul Global Inc., et al., Nos. 09-2230 and 09-2231, 3rd Cir.; 2012 U.S. App. LEXIS 8814).

Supreme Court Declines To Hear Case Involving Arbitration Issues In Bankruptcy

WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 1 denied certiorari to an insurer that had asked the court to hear its claim that arbitration agreements should be honored in bankruptcy proceedings (Continental Insurance Company v. Thorpe Insulation Company, No. 11-1310, Chapter 11, U.S. Sup.). Follow...

California Federal Judge Rejects Insurers' Appeals Of Reorganization, Settlement

SAN FRANCISCO - A California federal judge on Oct. 9 overruled all objections filed on appeal by 13 insurance companies to Plant Insulation Co.'s Chapter 11 plan of reorganization and affirmed confirmation of the plan, finding that the bankruptcy judge did not err in approving the reorganization...

Insurers Denied Stay Of Asbestos Company's Reorganization Approval

SAN FRANCISCO - Insurance companies seeking to overturn confirmation of Plant Insulation Co.'s Chapter 11 plan of reorganization failed to show that they would be irreparably harmed when the plan takes effect, a California federal judge held Nov. 1 in denying the insurers' request to stay the...

Federal Judge: Settlement Between Debtor, Insurance Carrier Proper

CHICAGO - A federal judge in Illinois on Jan. 10 ruled that an insurance settlement between a debtor and one of its insurers related to asbestos coverage was proper despite a separate insurer's contention that the settlement would increase its own liability related to asbestos claims Columbia Casualty...

California Judge Interprets Asbestos Liability Policies In Insurers' Favor

SAN FRANCISCO - A California judge on Jan. 31 sided with insurance companies in a long-running dispute with Chapter 11 bankruptcy debtor Plant Insulation Co. over insurance policy coverage for asbestos personal injury claims, finding that the "completed operations" and "products hazard"...

Bankruptcy Judge Approves $36 Million Settlement Between Thorpe, Insurers

LOS ANGELES - Reorganized Chapter 11 debtor Thorpe Insulation Co. and its asbestos trust received approval Feb. 6 from a California federal bankruptcy judge of a settlement with three insurance companies that have opposed Thorpe's reorganization. The deal covers three insurance policies and includes...

On Remand, Bankruptcy Judge Finds No Collusion, Reaffirms GIT's Reorganization

PITTSBURGH - A Pennsylvania federal bankruptcy judge on Feb. 13 reconfirmed on remand the Chapter 11 plan of reorganization for Global Industries Technologies Inc. (GIT), finding that concerns of the Third Circuit U.S. Court of Appeals about the legitimacy of a trust established by the plan to benefit...

Md. Bankruptcy Judge Declines To Reconsider Lifting Stay To Settle Asbestos Claims

BALTIMORE - A Maryland federal bankruptcy judge on March 29 denied a request to reconsider her decision to lift the automatic stay in Lloyd E. Mitchell Inc.'s (LEM) Chapter 11 case so a confidential settlement among the debtor, two insurers and a law firm representing 9,000 asbestos personal injury...

W.R. Grace Asbestos Trust To Receive $900,000 From Deal With Insurer

WILMINGTON, Del. - A federal bankruptcy judge in Delaware on April 17 approved a settlement agreement between Chapter 11 debtor W.R. Grace & Co. and one of its insurers that will provide more than $900,000 to the debtor's asbestos personal injury trust in one lump-sum payment rather than in installments...

Bankruptcy Judge Confirms Thorpe Insulation Co.'s Reorganization Plan On Remand

LOS ANGELES - Reorganized Thorpe Insulation Co.'s Chapter 11 plan of reorganization, revised to reflect settlements reached on remand with all of the remaining insurance companies objecting to the plan, received confirmation again May 8 from a California federal bankruptcy judge, who said that once...

Pittsburgh Corning's Chapter 11 Reorganization Plan Confirmed

PITTSBURGH - Thirteen years after seeking bankruptcy protection from hundreds of thousands of asbestos personal injury claims, building products manufacturer Pittsburgh Corning Corp. (PCC) on May 16 received confirmation from a Pennsylvania federal bankruptcy judge for a plan of reorganization that establishes...

Retiring Bankruptcy Judge Transfers Pittsburgh Corning Chapter 11 Case

PITTSBURGH - Seven days after issuing final rulings confirming the plan of reorganization for Chapter 11 debtor Pittsburgh Corning Corp. (PCC), Pennsylvania federal Bankruptcy Judge Judith K. Fitzgerald, who is retiring from the bench, on May 31 transferred the case to another bankruptcy judge (In re...

Asbestos Coverage Disputes Between Flintkote, Insurers Go To Binding Arbitration

WILMINGTON, Del. - A Delaware federal bankruptcy judge on June 20 granted relief from the automatic stay in The Flintkote Co.'s Chapter 11 case so that Flintkote and certain London market insurance companies can participate in binding arbitration to resolve disputes over insurance coverage for asbestos...

Bankruptcy Judge Nixes Garlock Appeal Of Pittsburgh Corning's Plan Confirmation

PITTSBURGH - An appeal of confirmation of Pittsburgh Corning Corp.'s Chapter 11 plan of reorganization by fellow asbestos bankruptcy debtor Garlock Sealing Technologies LLC was rejected July 23 by a Pennsylvania federal bankruptcy judge, who found the appeal to be a "nullity" pending a...

9th Circuit Seeks Briefing From Plant, Insurers On Contribution Rights

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Aug. 23 directed Chapter 11 debtor Plant Insulation Co. and insurance companies appealing Plant's confirmed plan of reorganization to provide additional briefing on the insurers' argument that the plan and its injunctions affect their...

Health Plans Seek Reimbursement From Pfizer For Asbestos Medical Care

NEW YORK - Thirty-two insurers and health care plans on Sept. 5 sought relief in New York federal bankruptcy court from an injunction in the Chapter 11 case of Quigley Co. Inc. so they can sue Quigley parent Pfizer Inc. for reimbursement of millions of dollars in benefits for asbestos victims, saying...

Judge Dismisses As Moot Insurers' Appeal Of Settlement In Plant Bankruptcy

SAN FRANCISCO - An appeal by nonsettling insurance companies of a $70 million settlement between Chapter 11 debtor Plant Insulation Co. and two other insurers is moot because the settlement is authorized by the U.S. Bankruptcy Code and was consummated in good faith and the nonsettling insurers never...

Skinner's Case Closed; Asbestos Claims Can Proceed Against Insurers

PITTSBURGH - A Pennsylvania federal bankruptcy judge on Sept. 11 dismissed the 12-year-old converted Chapter 7 case of Skinner Engine Co. Inc., allowing asbestos personal injury claims to proceed against the company's lone remaining asset - insurance policies - in the tort system (In re: Skinner...

Federal Judge Compels Arbitration In Disputes Over Asbestos Insurance Coverage

WILMINGTON, Del. - Two insurance companies involved in long-running disputes with Chapter 11 debtor The Flintkote Co. over coverage for asbestos claims are bound by an "expansive" 28-year-old agreement to participate in arbitration to resolve the disputes, a Delaware federal judge held Sept...

9th Circuit Vacates Asbestos Bankruptcy Reorganization; Says Trust Isn't In Control

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Oct. 28 vacated the bankruptcy reorganization plan for a former asbestos insulator, finding that the plan failed to satisfy the requirements of Section 524(g) of the Bankruptcy Code dealing with control by asbestos trusts (In Re: Plant Insulation...

Bankruptcy Judge Denies Reconsideration Of Pittsburgh Corning Plan Confirmation

PITTSBURGH - A Pennsylvania federal bankruptcy judge on Nov. 12 mostly denied a motion by two insurance companies to reconsider confirmation of Pittsburgh Corning Corp.'s Chapter 11 plan of reorganization, granting the request only to make clear what affiliates of the debtor are protected from asbestos...

California Federal Judge Dismisses Insurer's Coverage Action Against Flintkote

SAN FRANCISCO - A California federal judge on Nov. 21 dismissed an insurer's declaratory judgment action filed against Chapter 11 debtor The Flintkote Co. to determine insurance coverage rights and obligations because the same issues were recently decided in Delaware federal court (Aviva PLC v. The...

Md. Federal Judge Interprets Insurance Coverage In Favor Of Asbestos Defendant

BALTIMORE - While two insurance companies are correct that Maryland follows the horizontal exhaustion rule for determining primary and excess policy coverage, the rule must be applied based on the theory of pro-rata allocation, as a former insulation company seeking coverage for asbestos personal injury...