BB Syndication Services, Inc. v. First American Title Ins. Co.

• Summarized by Kurt Carlson , Carlson Dash LLC
• 10 years 11 months ago

Citation:

BB Syndication Services Inc. v. First American Title Insurance Company, Court of Appeals, 7th Circuit 2015 (unpublished)

Ruling:

The Seventh Circuit held that when a lender cuts off loan funding by reason of a construction project’s overspending, the lender is, in fact, “creating” or “suffering” a mechanic’s lien...

Judge(s):

Wood, Flaum, Sykes

Tag(s):

• 7th Circuit
• Insurance
• Lender Liability

BancInsure Inc. v. Highland Bank

• Summarized by Lars Fuller , BakerHostetler
• 10 years 12 months ago

Citation:

BancInsure, Inc. v. Highland Bank, No. 13-3324 (8th Cir. March 3, 2015)

Ruling:

The 8th Circuit affirmed the ruling of the U.S. District Court (D. Minn.) granting summary judgment in favor of an insurer for denying coverage to a claimant. The 8th Circuit agreed that under...

Judge(s):

Loken, Beam, and Gruender

Tag(s):

• 8th Circuit
• Claims
• Commercial Fraud
• Insurance
• Fraud
• Practice and Procedure

Kitron; Angello v. Valley Health System (In re Valley Health System)

• Summarized by Lars Fuller , BakerHostetler
• 11 years 2 days ago

Citation:

Kitron, et al. v. Valley Health System (In re Valley Health System), BAP No. CC-11-1100-DPaTa (BAP 9th Cir. Feb. 24, 2015)

Ruling:

The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court dismissing under Rule 12 suit commenced by creditors against chapter 9 debtor and other parties. BAP agreed that appellants'...

Judge(s):

Dunn, Pappas, Taylor

Tag(s):

• 9th Circuit
• Claims
• Bankruptcy Litigation
• Insurance
• Plan Confirmation
• Municipal Bankruptcy
• Practice and Procedure
• Venue/Jurisdiction
• Rule 7012
• Rule 9013
• Rule 7015

Aviva Life and Annuity Co. v. White (In re Millennium Multiple Employer Welfare Benefit Plan)

• Summarized by Lars Fuller , BakerHostetler
• 11 years 3 months ago

Citation:

Aviva Life and Annuity Co. v. White (In re Millennium Multiple Employer Welfare Benefit Plan), Nos. 14-6006 & 14-6007 (10th Cir. Nov. 13, 2014)

Ruling:

The 10th Circuit affirmed the U.S. District Court (W.D. Okla.) decision affirming the bankruptcy court's order limiting the scope of the interpleader relief granted in two interpleader actions....

Judge(s):

Holmes, Bacharach, McHugh

Tag(s):

• 10th Circuit
• Bankruptcy Litigation
• Insurance
• Practice and Procedure

Intertek USA, Inc. v. Caribbean Petroleum Corp. (In re Caribbean Petroleum Corp.)

• Summarized by Valerie Hamilton , Sills Cummis & Gross PC
• 11 years 5 months ago

Citation:

TGse No. 13-4415 (3d Cir. Sept. 18, 2014) (Not Precedential)

Ruling:

The district court's determination that the bankruptcy court orders in question unambiguously provide for pro rata distribution to all holders of general unsecured claims, including tort claims is...

Judge(s):

Rendell, Greenaway, Jr., and Krause (author)

Tag(s):

• 3rd Circuit
• Bankruptcy Litigation
• Insurance
• Plan Confirmation

Motto v. State Farm Fire & Casualty Co.

• Summarized by William Wallo , Bakke Norman, S.C.
• 11 years 6 months ago

Citation:

Motto v. State Farm Fire & Casualty Co., Case No. 13-2854 (8th Cir. August 28, 2014)

Ruling:

Lender's motion to intervene in action between homeowner and insurance company was untimely, and district court's denial of motion was affirmed.

Judge(s):

Murphy, Colloton, and Kelly.

Tag(s):

• 8th Circuit
• Insurance

Welch, et al. v. Brown, et al.

• Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
• 12 years 1 month ago

Citation:

Case No. 13-1476 (6th Cir. 2014)

Ruling:

In a non-bankruptcy case, the Circuit Court affirmed the entry of a temporary injunction that prohibits the Flint Emergency Manager from making changes to the health care benefits of Flint city...

Judge(s):

Daughtrey, Cole and White

Tag(s):

• 6th Circuit
• Insurance
• Municipal Bankruptcy
• Turnaround Issues

C.L. Frates & Co v. Westchester Fire Insurance

• Summarized by Ryan Heilman , Heilman Law PLLC
• 12 years 5 months ago

Citation:

C.L. Frates & Co v. Westchester Fire Ins., Case No. 12-6274, 2013 U.S. App. LEXIS 18340 (10th Cir. Sept. 4, 2013).

Ruling:

The 10th Circuit found that a reasonable trier of fact could conclude that the plaintiff's insurance claim "arose out of" bankruptcy or insolvency, which was excluded from coverage, reversed the...

Judge(s):

Holmes, Bacharach, and Phillips

Tag(s):

• 10th Circuit
• Insurance

American Bank, FSB v. Cornerston Community Bank (In re American Bank, FSB)

• Summarized by Bryan Robinson , Law Offices of Bryan Robinson
• 12 years 6 months ago

Citation:

In re: American Bank FSB, 6th Cir Court of Appeals, No. 12-6349, (August 16, 2013)

Ruling:

In an opinion recommended for full text publication, the 6th Circuit Court of Appeals affirmed the ruling by the district court, that, in regards to the competing secured claims by American Bank...

Judge(s):

Circuit Court Judges: GIBBONS, SUTTON and KETHLEDGE

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Professional Practice Areas
• Claims
• Bankruptcy Litigation
• Finance and Banking
• Insurance
• Preferences
• Uniform Commercial Code/Article 9

Campbell v. The Hanover Insurance Co. (In re ESA Environmental Specialists, Inc.)

• Summarized by B. King , Office of the U.S. Trustee
• 12 years 12 months ago

Citation:

Campbell v. Hanover Insurance Co. (In re ESA Environmental Specialists, Inc.), ___ F.3d ____, 2013 WL 765705 (4th Cir.) (2-1 decision).

Ruling:

Defendant's earmarking defense to preference claim rejected because the funds at issue were not used to pay an antecedent debt of the Debtor. Defendant's new value defense to preference claim...

Judge(s):

Chief Judge Traxler, Circuit Judges Wilkinson and Agee

Tag(s):

• 4th Circuit
• Business Reorganization
• Bankruptcy Litigation
• Insurance
• Preferences
• § 547

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