Legal Opinion

Indian Harbor Ins. v. Clifford Zucker

Court of Appeals for the Sixth Circuit

Decided June 20, 2017No. 16-1698PublishedCited by 7 opinions

1Opinion of the CourtSutton, J., joined by Daughtrey, J.,

DONALD, J. (pp. 878-82), delivered a separate dissenting opinion.

OPINION

SUTTON, Circuit Judge.

Capitol Bancorp went bankrupt. After negotiations between Capitol’s officers and the company’s creditors during the bankruptcy process, Capitol created a Liquidation Trust to pursue the estate’s legal claims. The Liquidation Trustee sued Capitol’s officers for $18.8 million, alleging they breached their fiduciary duties to the company. Indian Harbor Insurance filed this lawsuit in response, seeking a declaratory judgment that the Trustee’s lawsuit falls within the “insured-versus-insured” exclusion…

2Cases cited9 opinions

  1. National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
  2. Bank of America National Trust & Savings Ass'n v. 203 North LaSalle Street PartnershipSupreme Court of the United States · 1999
  3. Burkhardt v. BaileyMichigan Court of Appeals · 2004
  4. In the Matter of Cle-Ware Industries, Inc., Debtor. Cle-Ware Industries, Inc. v. Howard SokolskyCourt of Appeals for the Sixth Circuit · 1974
  5. In Re: Gordon Sel-Way, Inc., Debtor. Gordon Sel-Way, Inc. v. United StatesCourt of Appeals for the Sixth Circuit · 2001

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3Cited by7 opinions

  1. United States v. Annamalai AnnamalaiCourt of Appeals for the Eleventh Circuit · 2019
  2. Westchester Fire Ins. Co. v. SchorschAppellate Division of the Supreme Court of the State of New York · 2020
  3. Westchester Fire Ins. Co. v. SchorschAppellate Division of the Supreme Court of the State of New York · 2020
  4. Jalbert v. Raymond James & Associates, Inc.United States Bankruptcy Court, W.D. Louisiana · 2022
  5. Nilhan Developers, LLC v. Glass, Solely as Trustee of the Bankruptcy EstateUnited States Bankruptcy Court, N.D. Georgia · 2021

2 more not listed; retrieve them via the Exa API.

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