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

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that Chapter 11 Trustee and the corporation are distinct entities and therefore the insured vs. insured exclusion did not apply to claims asserted by the Trustee against debtor's officers and directors.
• holding that while it was certainly true that trustee “stood in the shoes of the debtor” when prosecuting causes of action that arose in favor of debtor prepetition, this did not mean that trustee was the debtor, for purpose of the insured versus insured exclusion
• “‘Company’ is expressly defined to mean [the debtor] and its subsidiaries. The definition includes no reference to successors or assigns of any nature.”
• trustee was not prosecuting claims on behalf of the debtor because “[u]pon the Debtor’s bankruptcy filing, the claims at issue became assets of the bankruptcy estate, ... which is a separate entity from the Debt- or.”
• Chapter 11 trustee not same entity as debtor, distinguishing debtor in possession

Source: CourtListener parenthetical corpus (CC0).