· 3/16/2004
In Re Allied Digital Technologies, Corp.
Citations
- 306 B.R. 505
- 2004 Bankr. LEXIS 291
- 42 Bankr. Ct. Dec. (CRR) 204
- 2004 WL 504268
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that where an insurance policy provides exclusive coverage to directors and officers, courts have generally held that the proceeds are not property of the estate
- emphasizing that the policy only provides indemnification coverage to the extent that the debtor “has indemnified the Directors and Officers of such Loss....”
- finding that the Trustee had made no credible showing that the direct coverage under the policy had any continuing vitality
- stating that whether proceeds of directors and officers’ policies are property of the estate is “controlled by the language and scope of the policy at issue”
- stating that the cases examining whether the proceeds of D & O policies are property of the estate “are controlled by the language and scope of the policy at issue not by broad, general statements”
- authorizing the payment of defense costs under a D & 0 Policy over the objection of a trustee who sought to preserve policy proceeds to satisfy his own claims against the insureds
Source: CourtListener parenthetical corpus (CC0).
Judges: Charles G. Case
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.