Sosebee v. Steadfast Insurance Co.
- Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
- 13 years 3 months ago
- Citation:
- Fifth circuit appeal
- Tag(s):
-
- Ruling:
- Fifth Circuit reversed lower court's grant of summary judgment for claimant and rendered summary judgment in favor of insurer on waiver of coverage issue, holding that the proceeds of a liability insurance policy are not property of a Chapter 11 estate, the automatic stay does not stay a direct action against an insurer where the debtor is not a party to the suit and, in this case, the insurer's inconsistent conduct did not waive its coverage defenses.
- Procedural context:
- Appeal andcross appeal of District Court 's summary judgment decisions.
- Facts:
- Personal injury claimant sued insurer in a direct action case but did not sue the insured-a chapter 11 debtor. The insurer took somewhat inconsistent positions as to a coverage defense and the parties asserted the defense was waived by conduct in a complex fact pattern.
- Judge(s):
- Jones, Prado and Garza
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