Legal Opinion

Century Indemnity Co. v. Congoleum Corp.

Court of Appeals for the Third Circuit

Decided October 13, 2005No. 04-3609PublishedCited by 1 opinion

1Opinion of the Court

OPINION

WEIS, Circuit Judge.

In this pre-packaged Chapter 11 reorganization, we hold that evidence of pre-petition conduct in this case by a law firm is relevant to a review of a debtor’s application to retain the firm as special insurance counsel. We conclude that the bankruptcy judge should not have granted the application here. The firm had acted as counsel for the debtor pre-petition in negotiating settlement arrangements with asbestos injury claimants represented by attorneys who were co-counsel with the firm in insurance matters for those same claimants. We conclude that conflicts existed…

2Cases cited35 opinions

  1. Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
  2. Richardson-Merrell Inc. v. Koller Ex Rel. KollerSupreme Court of the United States · 1985
  3. Universal Minerals, Inc. v. C. A. Hughes & Co.Court of Appeals for the Third Circuit · 1981
  4. In Re: Combustion Engineering, Inc. First State Insurance Company Hartford Accident and Indemnity CompanyCourt of Appeals for the First Circuit · 2004
  5. In Re Busy Beaver Building Centers, Inc. Kirkpatrick & LockhartCourt of Appeals for the Third Circuit · 1994

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3Cited by1 opinion

  1. In Re: Congoleum Corp. Century Indemnity Company, as Successor to Cci Insurance Company, as Successor to Insurance Company of North American Ace American Insurance Company F/k/a Cigna Insurance Company Ace Property & Casualty Insurance Company F/k/a Cigna Property & Casualty Insurance Company v. Congoleum Corporation Congoleum Sales, Inc. Congoleum Fiscal, IncCourt of Appeals for the Third Circuit · 2005

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