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Showing posts in Indemnification

Delaware Bankruptcy Court Holds That Discharge Does Not Affect Additional Insured’s Rights to Pursue Indemnification Against Debtors’ Insurer

In re SelectBuild Illinios, LLC, Case No. 09-12085 (KJC), 2015 WL 3452542 (Bankr. D. Del. May 28, 2015)

The Delaware Bankruptcy Court recently denied a Motion to Enforce a Permanent Injunction against a contract counterparty, The Ryland Group, Inc. d/b/a Ryland Homes (“Ryland”), and held that Ryland could seek indemnification as an additional insured from the Reorganized Debtors’ insurer, ACE American Insurance Company (“ACE”).

By way of background, Ryland and debtor SelectBuild Illinois, LLC (“SelectBuild”) entered into a construction contract whereby SelectBuild would perform work as a subcontractor for Ryland.  The contract required SelectBuild to indemnify Ryland in certain circumstances… Read More