Legal Opinion

Gray v. Executive Risk Indemnity, Inc. (In Re Molten Metal Technology, Inc.)

United States Bankruptcy Court, D. Massachusetts

Decided January 3, 2002No. 19-10461PublishedCited by 18 opinions

1Opinion of the Court

PROPOSED CONCLUSIONS OF LAW ON TRUSTEE’S MOTION FOR PARTIAL SUMMARY JUDGMENT ON THE PREPETITION “INSURED VS. INSURED” EXCEPTION

CAROL J. KENNER, Bankruptcy Judge.

The central issue presented by the present motion of the Chapter 11 Trustee for partial summary judgement is whether he is a different entity from the Chapter 11 Debtor for purposes of the “insured-versus-insured” exclusion in certain insurance policies covering claims against the Debtor’s officers and directors. Acting in various combinations, most of the defendants — that is, all but Executive Risk Indemnity, Inc., which group shall…

2Cases cited31 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
  4. In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
  5. 17 Collier bankr.cas.2d 743, Bankr. L. Rep. P 71,955 in the Matter of James P. Wood, M.D. And Carol B. Wood, Debtors. Dr. Arthur E. Wood, III v. Dr. James P. Wood, Carol Wood, Woodrow Barham & Wayne Clinic, P.A.Court of Appeals for the Fifth Circuit · 1987

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3Cited by18 opinions

  1. Biltmore Associates, LLC v. Twin City Fire InsuranceCourt of Appeals for the Ninth Circuit · 2009
  2. Cohen v. National Union Fire Insurance (In Re County Seat Stores, Inc.)United States Bankruptcy Court, S.D. New York · 2002
  3. Admiral Insurance v. Willson (In re Central Louisiana Grain Cooperative, Inc.)United States Bankruptcy Court, W.D. Louisiana · 2013
  4. In Re LTV Steel Co., Inc.United States Bankruptcy Court, N.D. Ohio · 2005
  5. Terry v. Federal Insurance (In re R.J. Reynolds—Patrick County Memorial Hospital, Inc.)United States Bankruptcy Court, W.D. Virginia · 2003

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