Scrima v. Insurance Co. of North America (In re Scrima)

INTRODUCTION

LAURENCE E. HOWARD, Bankruptcy Judge.

This proceeding is before this Court on remand from the United States District Court. The Debtors (“Scrima”), initiated this action against the Insurance Company of North America (“INA”), and Trans-america Insurance Company (“Trans-america”), for losses incurred when Scri-ma’s business was destroyed by fire. The pending matters are whether INA, having settled with Scrima, can seek contribution from Transamerica, and whether Scrima can seek additional damages from Trans-america. Both matters are dependent on whether Scrima was excused from…