Scott Seaman to Speak on Best Practices and Strategies for Confirming Chapter 11 Plans with Insurance-Funded Settlements

Hinshaw partner Scott Seaman—the co-chair of the firm's global Insurance Services Practice Group— is scheduled to co-present a CLE webinar titled "Confirming Chapter 11 Plans With Insurance-Funded Settlements: Strategies After Truck Ins. Exchange v. Kaiser Gypsum" on August 8, 2024.

This CLE webinar will review the United States Supreme Court decision in Truck Insurance Exchange v. Kaiser Gypsum Co. Inc. and examine its implications for insurers, debtors, injured plaintiffs, and other key bankruptcy participants. Topics will include negotiating plans involving insurance-funded settlements, essential insurer-related provisions to include in plans, and new objections to plan confirmation.

The panel will also consider:

• Can insurers leverage their interest into a voting right? Is the right to object equivalent to the right to vote?
• Can a plan be confirmed without insurers' consent?
• If insurers raise coverage issues, will bankruptcy courts need to interpret policies, influencing insurance law?
• What does the duty to cooperate entail for a debtor-in-possession?
• Are insurers vulnerable to bad faith claims by third parties due to their bankruptcy conduct or litigation activities?

Seaman also discussed the Kaiser Gypsum ruling in several recent news media articles.