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    Can a bankrupt maintain legal action on a TPD claim?
    2016-07-15

    In Berryman v Zurich Australia Ltd [2016] WASC 196, the Supreme Court of Western Australia held a bankrupt, Berryman, was able to maintain legal action in his own name, claiming TPD insurance benefits from Zurich.

    The Bankruptcy Act 1966 (Cth) relevantly provides:

    Filed under:
    Australia, Insolvency & Restructuring, Insurance, Litigation, Personal Injury, DLA Piper
    Location:
    Australia
    Firm:
    DLA Piper
    Third Party (Rights Against Insurers) Act 2010 - benefits for lender claims
    2016-07-12

    Lenders contemplating potential claims against insurers of insolvent professionals will welcome the fact that the Third Parties (Rights Against Insurers) Act 2010 (2010 Act) is to finally come into force from 1 August 2016, having been updated by the Third Parties (Rights Against Insurers) Regulations 2016.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Insurance, Litigation, DLA Piper, Debtor, Solicitor, Mortgage loan, Liability (financial accounting), Negligence
    Location:
    United Kingdom
    Firm:
    DLA Piper
    The Financial Report April 2, 2015 - news from Europe
    2015-04-02

    Proprietary trading. Reuters reported that Latvia, which currently holds the European Union presidency, opposes a proposal that would prohibit European banks from engaging in proprietary trading. (3/31/2015) Proprietary trading. 

    Filed under:
    European Union, United Kingdom, Banking, Capital Markets, Insolvency & Restructuring, Insurance, DLA Piper, Financial Services Compensation Scheme, Solvency II Directive (2009/138/EU), UK Prudential Regulatory Authority
    Location:
    European Union, United Kingdom
    Firm:
    DLA Piper
    Tronox Securities Litigation settlement has implications for environmental disclosures and related D&O insurance claims
    2012-08-17

    A settlement has been announced in the Tronox Securities Litigation,[1] making it one of the first cases where the failure to publicly disclose environmental liabilities has resulted in a substantial settlement.

    Filed under:
    USA, Capital Markets, Environment & Climate Change, Insolvency & Restructuring, Insurance, Litigation, Schulte Roth & Zabel LLP, Security (finance), Fraud
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Update on reorganization financing
    2011-04-07

    Reorganization or debtor-in-possession (“DIP”) financing has become an increasing source of litigation.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Insurance, Litigation, Real Estate, Schulte Roth & Zabel LLP, Debtor
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    The largest marcher in the parade of reported PHI security breaches: NYC health and hospitals corporation's North Bronx Healthcare Network
    2011-02-22

    This blog series has been following the continuing flow of large security breaches of Protected Health Information (“PHI”) and how affected providers and insurers have been responding to their discovery. The New York City Health and Hospitals Corporation’s North Bronx Healthcare Network (“HHC”) has recently become perhaps the largest marcher in the parade of PHI security breaches with a reported 1,700,000 persons affected.

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Insurance, Fox Rothschild LLP, Information privacy, Unsecured debt, Personally identifiable information, Liability insurance, Social Security number, Health Insurance Portability and Accountability Act 1996 (USA)
    Authors:
    Michael J. Kline
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    The common interest privilege
    2010-10-12

    A discovery dispute gave the bankruptcy court an opportunity to rule on the common interest privilege which, the court said, has completely replaced the joint defense privilege for information sharing among clients with different attorneys, citing In re Teleglobe Communications Corp., 493 F.3d 345, 364 n. 20 (3d Cir. 2007). Leslie Controls, Inc., Case No. 10-12199 (Bankr. D. Del. 9/21/10)(Sontchi, B.J.).

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Fox Rothschild LLP, Share (finance), Bankruptcy, Debtor, Waiver, Interest, Federal Reporter, Work-product doctrine, Discovery, Futures contract, United States bankruptcy court, Third Circuit
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    AIG posts $4.35 billion first quarter loss
    2009-05-11

    On Thursday, AIG announced a $4.35 billion loss for the first quarter of 2009, as compared to a net loss of $7.81 billion in the first quarter of 2008 and a net loss of $61.7 billion in the fourth quarter of 2008.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Alston & Bird LLP, Libor, Market liquidity, Retirement, Life insurance, Line of credit, Preferred stock, US Securities and Exchange Commission, US Department of the Treasury, American International Group, Bank of New York Mellon
    Authors:
    Ian Grant
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Republicans circulate substitute summary of Financial Regulatory Reform Bill; cloture motion on Senate bill fails for third time
    2010-04-28

    Yesterday, Senate Republicans circulated a brief summary of the Financial Regulatory Improvement and Taxpayer Protection Act, a Republican substitute to the Restoring American Financial Stability Act of 2010 (S.3217) previously

    Filed under:
    USA, Banking, Capital Markets, Derivatives, Insolvency & Restructuring, Insurance, Alston & Bird LLP, Bankruptcy, Consumer protection, Swap (finance), Liquidation, Default (finance), Federal Deposit Insurance Corporation (USA), US Congress, US Department of the Treasury, US Senate, Federal Reserve System, US Republican Party, US Senate Committee on Banking, Housing and Urban Affairs, US Democratic Party, United States bankruptcy court, US Secretary of the Treasury
    Authors:
    Darren Cooper
    Location:
    USA
    Firm:
    Alston & Bird LLP
    AIG announces Q4 and year-end results
    2010-02-28

    On Friday, American International Group, Inc. (AIG) released its results for the fourth quarter and full year 2009. AIG reported a Q4 net loss of $8.9 billion, bringing 2009’s total net losses to $10.9 billion.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Alston & Bird LLP, Interest, Debt, Life insurance, Valuation (finance), American International Group, Bank of New York Mellon, Chief executive officer
    Authors:
    Ian Grant
    Location:
    USA
    Firm:
    Alston & Bird LLP

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