Haynes Boone Partner Micah Skidmore was quoted in a Law360 article on multiple commercial general liability coverage decisions to watch for in the early months of the new year.
"It's really not clear what they want the court to find," he said of the Farmers unit Truck Insurance Exchange Co. petition to review a Fourth Circuit ruling, finding it had no standing to challenge Kaiser Gypsum Co.'s settlement of asbestos claims in a bankruptcy proceeding. "Truck Insurance is saying there's a conflict in the circuits that this court should weigh in on, but at the very most, that's going to mean that the Supreme Court is going to clarify what the standard is under Section 1109."
Skidmore said the justices' ruling will likely equate to an advisory opinion without a redressable injury.
"Courts are typically interested in standing questions," he said, "but the record here doesn't appear to support an argument or idea that Truck Insurance has articulated something that really needs correction."
To read the full article from Law360, click here.
"It's really not clear what they want the court to find," he said of the Farmers unit Truck Insurance Exchange Co. petition to review a Fourth Circuit ruling, finding it had no standing to challenge Kaiser Gypsum Co.'s settlement of asbestos claims in a bankruptcy proceeding. "Truck Insurance is saying there's a conflict in the circuits that this court should weigh in on, but at the very most, that's going to mean that the Supreme Court is going to clarify what the standard is under Section 1109."
Skidmore said the justices' ruling will likely equate to an advisory opinion without a redressable injury.
"Courts are typically interested in standing questions," he said, "but the record here doesn't appear to support an argument or idea that Truck Insurance has articulated something that really needs correction."
To read the full article from Law360, click here.
