Legal Opinion
Giuliano v. Ins. Co. of Pa. (In re LTC Holdings, Inc.)
United States Bankruptcy Court, D. Delaware
Decided February 4, 2019No. Case No.: 14-11111 (CSS) (Jointly Administered); Adv. No.: 15-51889 (CSS); Adv. No.: 16-51036 (CSS) (consolidated with Adv. No. 15-51889)PublishedCited by 4 opinions
1Opinion of the CourtSontchi, C.J.
INTRODUCTION
Subrogation allows a surety to step into the shoes of its obligee. However, subrogation need not permit the surety to step into these shoes when an obligee is still wearing them. Here, a surety moves for summary judgment on its ability to do just that. In opposition, the first lien creditor moves for summary judgment on the basis that the obligee's waiver of its setoff rights extinguished any possibly of subrogation. The Court will grant summary judgment to the creditor. This decision turns on two questions. First, can a surety's action, short of actual payment, "effectively…
2Cases cited18 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Ricci v. DeStefanoSupreme Court of the United States · 2009
- United States v. Munsey Trust Co.Supreme Court of the United States · 1947
- Federal Insurance v. Arthur Andersen & Co.New York Court of Appeals · 1990
- Bob Richards Chrysler-Plymouth Corporation, Inc. v. EnglandCourt of Appeals for the Ninth Circuit · 1973
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3Cited by4 opinions
- Confederated Salish and Kootenai Tribes v. Lake County Board of CommissionersDistrict Court, D. Montana · 2020
- Confederated Salish and Kootenai Tribes v. Lake County Board of CommissionersDistrict Court, D. Montana · 2020
- In Re: LTC Holdings, Inc.District Court, D. Delaware · 2020
- Insurance Co of the State of P v. Alfred T. GiulianoCourt of Appeals for the Third Circuit · 2021