You are here: / / CLAIM AGAINST THE BANKRUPT’S INSURER IS NOT BARRED BY THE INSURED’S...
,

CLAIM AGAINST THE BANKRUPT’S INSURER IS NOT BARRED BY THE INSURED’S DISCHARGE IN BANKRUPTCY (FIRST DEPT).

The First Department determined that a claim against the bankrupt’s (Daffy’s) insurer is not barred by the insured’s (Daffy’s) discharge in bankruptcy:

​

The court correctly determined that this third-party action against Daffy’s Inc. is not barred by the “Stipulated Order” in Daffy’s bankruptcy proceeding, in which third-party plaintiff [property owner] , waived and released any claims or causes of action relating to or arising under its lease with Daffy’s, and the lease was “rejected and terminated.” The motion papers make it clear that [the property owner] seeks to establish Daffy’s liability in the underlying personal injury action for the sole purpose of recovering under Daffy’s insurance policy in effect at the time of the accident. Because the policy would not inure to Daffy’s pecuniary benefit, it was not part of the bankruptcy estate, and thus it is not covered by the Stipulated Order … . Moreover, this Court has recognized that “a claim asserted for the sole purpose of establishing the liability of a party’s insurer is not barred by that party’s discharge in bankruptcy” … . Calleja v AI 229 W. 42nd St. Prop. Owner, LLC, 2018 NY Slip Op 00338, First Dept 1-18-18

INSURANCE LAW (CLAIM AGAINST THE BANKRUPT’S INSURER IS NOT BARRED BY THE INSURED’S DISCHARGE IN BANKRUPTCY (FIRST DEPT))/BANKRUPTCY (INSURANCE LAW, CLAIM AGAINST THE BANKRUPT’S INSURER IS NOT BARRED BY THE INSURED’S DISCHARGE IN BANKRUPTCY (FIRST DEPT))

You might also like
Certificates of Bond Insurance Are Insurance Policies to Be Interpreted Under Insurance and Contract Law—Restructuring in Bankruptcy and Reduction of Value of the Bonds Did Not Affect the Insurer’s Obligation to Cover the Bond Payments
FAMILY COURT DID NOT HAVE ENOUGH EVIDENCE TO WARRANT DENIAL OF MOTHER’S PETITION TO MODIFY CUSTODY, A HEARSAY LETTER FROM THE NYS OFFICE OF CHILDREN AND FAMILY SERVICES CHILD ABUSE AND MALTREATMENT REGISTER, FINDING CERTAIN ALLEGATIONS AGAINST FATHER TO BE UNFOUNDED, WAS INSUFFICIENT (FIRST DEPT). ​
THERE WAS NO DIRECT OR CIRCUMSTANTIAL EVIDENCE OF THE CAUSE OF PLAINTIFF’S-DECEDENT’S FALL FROM A LADDER; ONLY A DEFECTIVE OR UNSAFE LADDER GIVES RISE TO LABOR LAW 240(1) LIABILITY; THE TRIER OF FACT WOULD HAVE TO RESORT TO SPECULATION; THE ACTION SHOULD HAVE BEEN DISMISSED (FIRST DEPT).
OVERRULING PRECEDENT, THE FAILURE TO TIMELY FILE A CERTIFICATE OF MERIT IN A MEDICAL MALPRACTICE ACTION IS NOT A GROUND FOR DISMISSAL OF THE ACTION; IT IS NOT NECESSARY TO DEMONSTRATE THE ACTION HAS MERIT OR AN EXCUSE FOR THE FAILURE TO FILE IN SEEKING AN EXTENSION TO FILE THE CERTIFICATE (FIRST DEPT).
DEFENSE COUNSEL TOOK A POSITION ADVERSE TO DEFENDANT ON DEFENDANT’S PRO SE MOTION TO WITHDRAW HIS PLEA; THE MATTER WAS REMITTED FOR CONSIDERATION OF THE MOTION AFTER NEW COUNSEL IS ASSIGNED (FIRST DEPT).
PLAINTIFF CAN BE ACCOMPANIED BY A NONLEGAL REPRESENTATIVE TO A DEFENSE PHYSICAL EXAM (FIRST DEPT).
There Is No Legal or Constitutional Authority for a Pre-Execution Challenge to a Search Warrant—Facebook’s Attempt to Quash Search Warrants Seeking All the Information in 381 Subscribers’ Facebook Accounts Was Rejected
GIVING A SECOND ALLEN CHARGE AND ALLOWING THE JURY TO CONTINUE DELIBERATING TO 5 OR 6 PM ON A FRIDAY, KNOWING THAT THREE JURORS HAD TRAVEL PLANS FOR MONDAY, DID NOT CONSTITUTE COERCING THE VERDICT, PROVIDING BOTH WRITTEN AND ORAL JURY INSTRUCTIONS WAS NOT IMPROPER (FIRST DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

FAMILY COURT SHOULD HAVE MADE FINDINGS ENABLING THE CHILD TO APPLY FOR SPECIAL... PLANKS AND CRIBBING COVERING AN OPENING WERE SAFETY DEVICES WITHIN THE MEANING...