Examples of Settled Asbestos Insurance Company in a sentence
The benefit of being designated as a Settled Asbestos Insurance Company is that, under Grace’s Joint Plan, the channeling injunction issued pursuant to 11 U.S.C. § 524(g) will extend to enjoin any asbestos-related personal injury claims brought against CNA, up to a limit of $1 million in litigation costs.
Nothing in the Plan or the Plan Documents shall affect or limit, or be construed as affecting or limiting, the protection afforded to any Settled Asbestos Insurance Company by the Asbestos PI Channeling Injunction.
Notwithstanding anything to the contrary in the foregoing provisions of Section VI(D)(1) of this Confirmation Order and §8.4.1.1 of the Plan, the Asbestos Insurance Entity Injunction shall not enjoin an insurer from asserting any claim for contribution against any other insurer that is not a Settled Asbestos Insurance Company.
Although I was not the presiding judge on this case at the time of confirmation, it is apparent that the parties negotiated many provisions, including the definition of Settled Asbestos Insurance Company.
Plaintiffs’ Claims are not barred by the Asbestos PI Channeling Injunction to the extent the Plaintiffs can state a valid claim under MCC’s workers’ compensation policies, which were not listed on the Exhibit attached to the Debtors’ Plan The Asbestos PI Channeling Injunction enjoins Holders of Asbestos PI Claims from taking any legal action or making any demand against an “Asbestos Protected Party,” which is defined to include a Settled Asbestos Insurance Company.
Further, MCC points out that the remainder of the definition of Settled Asbestos Insurance Policy addresses any “ambiguity” in the definition by stating: further provided, for the avoidance of doubt that an Asbestos Insurance Entity is a Settled Asbestos Insurance Company to the fullest extent, but only to the extent provided by section 524(g) in respect of any claim that arises by reason of one of the activities enumerated in section 524(g)(4)(A)(ii).
The Plan’s definition of Settled Asbestos Insurance Company specifically provides that the injunction applies “only to the extent provided by § 524(g) in respect of any claim that arises by reason of one of the activities enumerated in § 524(g)(4)(A)(ii).” Plan § 1.1.209.
I do not think it is a proper exercise to look beyond the express terms of the confirmed plan; no part of that definition should be ignored or rendered a nullity.Therefore, the channeling injunction does not protect a Settled Asbestos Insurance Company from claims arising out of insurance policies that are not listed on Exhibit 5 to the Plan.