LJN Newsletters

In Ades and Berg Group Investors v. Breeden (In re Ades and Berg Group Investors), the court of appeals affirmed a decision below refusing to impose a constructive trust on proceeds from a settlement of reinsurance claims that were paid to a Chapter 11 debtor. According to the Second Circuit, "retention by the bankruptcy estate of assets that, absent bankruptcy, would go to a particular creditor is not inherently unjust."

Financial advisers, investment bankers, lawyers and other professionals in reorganization cases will be happy with a decision of the U.S. Court of Appeals for the Second Circuit handed down on Jan. 6, 2009: In re Smart World Technologies, LLC.

In re SemCrude, L.P. is a departure from the long-standing assumption that a multi-party netting agreement among affiliates would be upheld in bankruptcy if enforceable under applicable non-bankruptcy law. This article provides an analysis of the decision, the procedural status and its potential impact, and recommendations for minimizing the potential negative implications.

Who's doing what; who's going where.

Highlights of the latest insurance cases from around the country.

This article provides a historical overview of California's "genuine dispute" doctrine, a summary of the general principles applicable under the doctrine, and a discussion of the recent legal developments in the doctrine.

In a series of recent cases addressing coverage for contaminated foods and similar losses, jurisdictions have split on the availability of insurance. Courts excluding coverage have relied on language traditionally used to exclude business and product-related losses, including the "your product" and "impaired property" exclusions. Other courts have rejected the application of these exclusions if it is unclear that the damage was to the insured's product and if the cause of the damage is not inherent in the product itself.

Insurers take deductions from defense bills or delay payment of these bills far too frequently. Insurers engage in these tactics with many policyholders, but few actually challenge the insurer's conduct. There are, however, ways to challenge these tactics.