Scott Seaman Discusses U.S. Supreme Court Victory for Insurers in Bankruptcy Case Involving Asbestos Claims
In The News | 2 min read
Jul 22, 2024
Scott Seaman, Chicago-based partner and co-chair of Hinshaw’s Insurance Services Group, was featured in a recent Business Insurance story discussing a significant U.S. Supreme Court win for insurers in dealing with asbestos and mass tort claims affected by bankruptcy.
Seaman highlighted the benefits of insurance neutrality provisions in reorganization plans for their clarity and ability to preempt insurer objections. However, he cautioned that misuse could block insurers from addressing direct concerns.
Seaman also noted that the ruling's broader implications include preserving trust in bankruptcy proceedings, protecting insurer rights, and preventing fraud by ensuring insurers are involved in negotiations.
Business Insurance Excerpt:
The June 6 ruling in Truck Insurance Exchange v. Kaiser Gypsum is an “important victory” for insurers, said Scott M. Seaman, an insurance coverage attorney at Hinshaw & Culbertson LLP in Chicago.
“Asbestos and mass tort claims usually involve significant dollars, and bankruptcy has the potential to impact insurers’ rights and obligations substantially,” he said.
[…]
Mr. Seaman said insurance neutrality provisions are acceptable when reorganization plans and proposed settlements are neutral because “they can add clarity and stave off some insurer objections.”
Sometimes, however, the provisions are abused by debtors, claimants and courts when they are used to deny insurers the opportunity to be heard on issues that affect them, he said.
“An insurance neutrality provision does not justify denying an insurer party in interest status because other provisions of a plan and the bankruptcy process itself still may impair an insurer’s interests,” he said.
[…]
Mr. Seaman said that while the ruling is “not a panacea for all the ills potentially involved in bankruptcy,” allowing insurers to be involved in negotiations will help in the formation of agreements that minimize fraud.
“A contrary ruling would have undermined confidence in the bankruptcy process, permitted insurer rights to be stomped on, and bankruptcy could be used as a superhighway for fraud,” he said.
Seaman will also be presenting best practices and strategies for confirming Chapter 11 plans with insurance-funded settlements at his upcoming CLE webinar.
- “Supreme Court ruling in asbestos case may draw out bankruptcy settlements” was published by Business Insurance on July 8, 2024.
Featured Insights

Event
Apr 23, 2026
Driving Ahead: Insights from Industry Leaders Auto Finance Seminar

Consumer Crossroads: Where Financial Services and Litigation Intersect
Mar 13, 2026
DOJ Settlement with Car Retailer Highlights SCRA Repossession Risks

Privacy, Cyber & AI Decoded Alert
Mar 11, 2026
Compliance Considerations for GDPR Consent in Biotech Clinical Research

Press Release
Mar 4, 2026
Marcia Mueller Named the 2026 Mentorship Award Winner by YWCA Northwestern Illinois

Press Release
Mar 3, 2026
Hinshaw Announces New Administrative Leadership Appointments

In The News
Feb 27, 2026
Hinshaw Partners Examine Implications for Nursing Homes of New Illinois Aid-in-Dying Law

In The News
Feb 24, 2026
Lucy Wang Authors Law360 “Expert Analysis” on Why Attorney Civility Means More in 2026

Press Release
Feb 13, 2026
Hinshaw Team Wins Appeal in Criminal Indictment of Waukegan City Clerk Janet Kilkelly

Press Release
Feb 10, 2026
Hinshaw Trial Team Secures $0 Defense Verdict in $15 Million Auto Accident Trial

Press Release
Feb 5, 2026
Hinshaw Legal Team Secures Directed Verdict in Florida Equine Fraud Case

Press Release
Feb 4, 2026
Hinshaw Celebrates 17 Consecutive Years of Being Named an Equality 100 Award Winner

![[Video] New Regulatory Priorities Under Mayor Mamdani’s NYC Department of Consumer and Worker Protection](/a/web/oHiTWa7kRy3Ht1brq6k4BT/bkMx39/new-york-city-skyline.jpg)
