Legal Opinion
Kramer v. Alston (In Re Alston)
United States Bankruptcy Court, D. New Jersey
Decided March 24, 2005No. 19-12047PublishedCited by 2 opinions
1Opinion of the Court
OPINION
RAYMOND T. LYONS, Bankruptcy Judge.
The issues in this adversary proceeding are:
1. Does an insurance adjuster have an equitable lien on the proceeds of a fire insurance policy?
2. If so, does the adjuster’s equitable lien have priority over the claim to the insurance proceeds by secured creditors with a mortgage on the damaged real property?
Because (a) the adjuster’s efforts created the fund, (b) the insured agreed to compensate the adjuster from the fund, and (c) the secured creditor’s rights to the fund are derivative of the insured’s, the court holds that the insurance adjuster has an…
2Cases cited32 opinions
- West v. American Telephone & Telegraph Co.Supreme Court of the United States · 1940
- VRG Corp. v. GKN Realty Corp.Supreme Court of New Jersey · 1994
- Willow Inn, Inc., a Pennsylvania Corporation v. Public Service Mutual Insurance Company, a New York CorporationCourt of Appeals for the Third Circuit · 2005
- State Farm Mutual Automobile Insurance Company v. Leonard Coviello Mary Coviello, H/w Ann CovielloCourt of Appeals for the Third Circuit · 2000
- James A. Lewis, Esquire, Trustee for Joseph M. Eaton Builders, Inc. v. Thomas J. And Linda M. DiethornCourt of Appeals for the Third Circuit · 1990
27 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- BancorpSouth Bank v. Hazelwood Logistics Center, LLCCourt of Appeals for the Eighth Circuit · 2013
- Pu v. GrubinDistrict Court, S.D. New York · 2012