Claims trading has become increasingly commonplace in today’s bankruptcy cases, typically with little need for policing by the courts.
USA, Insolvency & Restructuring, Litigation, Greenberg Traurig LLP, Bankruptcy, Private equity, Due diligence, United States bankruptcy court, Fifth Circuit, US District Court for District of Delaware
Litigation is full of uncertainty. Even the strongest case carries risks and a primary consideration when embarking on any litigation is whether the proposed defendant is able to pay.
If your business is being pressed to disclose details of your insurance coverage prior to a claim being brought against it are you obliged to do so?
The recent case of Peel Port Shareholder Finance Company Ltd. v Dornoch Ltd gave the High Court the opportunity to consider whether a public liability insurance policy is something that should be disclosed pre litigation.