Legal Opinion
American States Insurance v. United States
United States Bankruptcy Court, N.D. Texas
Decided February 7, 2005No. 19-30755PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
GODBEY, District Judge.
Before the Court is Appellant American States Insurance Co.’s (“ASIC”) appeal from the Bankruptcy Court’s Orders of January 13, 2004 and March 8, 2004. Because the Court determines that the Bankruptcy Court failed to give full effect to Pearlman v. Reliance and unduly limited a surety’s equitable subrogation right under Texas common law, the Court vacates those orders and finds for ASIC.
I. BACKGROUND
On August 28, 2000, Debtor SSEM Corp. (“SSEM”) entered into a subcontract with Manhattan Construction Co. (“Manhattan”) as general contractor in…
2Cases cited22 opinions
- Pearlman v. Reliance InsuranceSupreme Court of the United States · 1962
- Corpus Christi Bank and Trust v. SmithTexas Supreme Court · 1975
- The National Shawmut Bank of Boston v. New Amsterdam Casualty Co., Inc.Court of Appeals for the First Circuit · 1969
- Jacobs v. Northeastern Corp.Supreme Court of Pennsylvania · 1965
- Canter v. SchlagerMassachusetts Supreme Judicial Court · 1971
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3Cited by3 opinions
- United States v. Renda Marine, Inc.District Court, E.D. Texas · 2010
- Kappa Dev. & General Contracting Inc. v. Hanover Ins. Co. (In re Kappa Dev. & General Contracting Inc.)United States Bankruptcy Court, S.D. Mississippi · 2017
- Kappa Development & General Contracting, Inc. v. Hanover Insurance CompanyUnited States Bankruptcy Court, S.D. Mississippi · 2019