Insurance Update - July 2024

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It’s not often that the U.S. Supreme Court weighs in on insurance issues. That’s because the McCarran-Ferguson Act gives states the primary authority to regulate the business of insurance. So when the Supreme Court speaks on insurance, even in the context of a bankruptcy plan, it’s noteworthy for insurers. That’s why we begin with the Supreme Court’s Truck decision, which involved an asbestos personal injury trust and a long-standing bankruptcy rule that often muzzled insurers on a debtor’s reorganization plan, even though the insurer ultimately would be left holding the bag. In reversing that rule, the Court holds that a debtor’s insurer with financial responsibility for bankruptcy claims is a party in interest with a right to object.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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