Alliance Well Service, LLC v. J.S. Ward & Son, Inc. (In re Alliance Well Service, LLC)

OPINION

Hon. David T. Thuma, United States Bankruptcy Judge

Before the Court is whether Defendant was within its rights to retain Plaintiffs insurance premium refund, sent to Defendant as Plaintiffs insurance agent. Defendant received the refund from the insurer and applied it to amounts Plaintiff owed under a confirmed plan of reorganization. The parties filed cross motions for summary judgment on the issue. Having reviewed the motions, supporting affidavits, and briefs, and having heard arguments of counsel, the Court concludes that Defendant’s retention of the refund was improper.

I. FACTS

For…