High Court holds that an Insolvency Exclusion applies in respect of a claim under the Third Parties (Rights Against Insurers) Act 1930 (“1930 Act”) and awards summary judgment accordingly but declines to provide much-needed guidance on insurers’ liability in the case of claims partially settled by the Financial Services Compensation Scheme (“FSCS”).
United Kingdom, Insolvency & Restructuring, Insurance, Litigation, Clyde & Co LLP, Financial Services Compensation Scheme, Financial Conduct Authority (UK), High Court of Justice (England & Wales)
Opinion Serves to Remind Lenders That “Bankruptcy Remote” Does Not Mean “Bankruptcy Proof”
Judge Allan L. Gropper of the Bankruptcy Court for the Southern District of New York issued a much-anticipated order on August 11, 2009, in the challenge to the bankruptcy filings by certain special-purpose-entity (“SPE”) affiliates of General Growth Properties, Inc. (“GGP”).
USA, New York, Insolvency & Restructuring, Litigation, Eversheds Sutherland (US) LLP, Bankruptcy, Shareholder, Surety, Debtor, Fiduciary, Debt, Bad faith, Refinancing, Default (finance), Commercial mortgage-backed security, Secured loan, Consolidation (business), MetLife, Title 11 of the US Code, United States bankruptcy court