Bankruptcy Treatment of Deductibles and Self-Insured Retentions: Insurer and Debtor Rights and Obligations
Coverage Issues When Debtors Cannot Satisfy SIR or Deductibles
A live 90-minute CLE video webinar with interactive Q&A
This CLE webinar will review the rights and obligations of debtors and insurers when claims exist or have been made against a debtor with a self-insured deductible that it has not and cannot pay.
Outline
- Distinctions among types of policies
- Effect of policy type on parties
- Classification of claims
Benefits
The panel will review these and other important issues:
- Is the payment of SIR or deductible an expense in the ordinary course of business or does it need court approval?
- Should the right to pay SIR or deductibles be included in first-day motions?
- How is a claim for SIR or deductible classified?
- Can non-insureds satisfy the SIR?
Faculty
Seth D. Lamden
Partner
Blank Rome
Mr. Lamden is a partner in Blank Rome’s policyholder-only insurance recovery practice. For nearly 25 years,... | Read More
Mr. Lamden is a partner in Blank Rome’s policyholder-only insurance recovery practice. For nearly 25 years, he has focused his practice exclusively on helping policyholders understand and enforce their rights to insurance coverage. Through litigation and negotiation, Mr. Lamden has helped policyholders recover hundreds of millions of dollars from their insurers in connection with a wide array of claims and losses under nearly all types of commercial insurance. In addition to his dispute resolution practice, he offers strategic advice to his clients in connection with maximizing insurance recovery, negotiating insurance policy renewals, and transactional due diligence. Mr. Lamden is a Fellow of the American College of Coverage Counsel, an invitation-only organization of leading insurance coverage attorneys. He is ranked in insurance dispute resolution by Chambers USA. The American Lawyer named Mr. Lamden a “Midwest Trailblazer” and he was profiled as one of “40 Illinois Attorneys Under Forty to Watch” by the Chicago Daily Law Bulletin. He was also recognized as “Lawyer of the Year: Litigation - Insurance” by The Best Lawyers in America and as a Top 100 Illinois Super Lawyer by Super Lawyers. Mr. Lamden is a frequent speaker and commentator on insurance coverage issues and he has written dozens of articles and ten book chapters on topics relating to insurance coverage including two chapters for the New Appleman on Insurance Law Library Edition.
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Michael B. Kind
Senior Counsel
Locke Lord
Mr. Kind is a Senior Counsel in Locke Lord’s Litigation Department and a member of the Bankruptcy,... | Read More
Mr. Kind is a Senior Counsel in Locke Lord’s Litigation Department and a member of the Bankruptcy, Restructuring & Insolvency and the Business Litigation & Dispute Resolution Practice Groups. He has represented creditors, debtors, and trustees in a variety of bankruptcy matters, adversary proceedings, and other disputes. Mr. Kind's bankruptcy experience includes defending and obtaining relief from the automatic stay, resolving claims disputes, litigating claim priority disputes, contesting disclosure statements and plans of reorganization, drafting first-day and other dispositive motions in Chapter 11 debtor representations, and litigating appeals of contested bankruptcy matters. He has also represented defendants in a variety of bankruptcy adversary proceedings and contested matters such as fraudulent conveyance and general fraud litigation, preferential transfer litigation, contract disputes, insurance disputes, and fiduciary duty litigation.
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Jonathan W. Young
Partner
Locke Lord
Mr. Young is Co-Chair of the Firm's Bankruptcy, Restructuring and Insolvency Practice Group. He regularly advises... | Read More
Mr. Young is Co-Chair of the Firm's Bankruptcy, Restructuring and Insolvency Practice Group. He regularly advises investors, lenders, directors, equity sponsors and portfolio companies in connection with their rights and obligations relative to financial distress, insolvency and bankruptcy situations. He also advises trustees, receivers and other fiduciaries charged with reorganizing, restructuring or liquidating financially distressed entities.
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