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Webinar: Two Roads Converge: Navigating the Intersections of Insolvency and Insurance Law
December 3, 2021 @ 1:00 pm – 2:15 pm
1.25 Hours MCLE; 1.25 Legal Specialization in Bankruptcy Law
The Insurance Law Committee and the Bankruptcy Law Committee of the Business Law Section of the California Lawyers Association are jointly presenting a webinar panel to explore the various intersections between bankruptcy and insurance matters. A debtor’s or third party’s insurance policies are often viewed as a source of recovery by trustees and debtors-in-possession. Spotting and navigating such issues is oftentimes complicated by the fact that in the context of an appointed trustee there may not be anyone at the client to identify the claims or walk the trustee through the debtor’s documents. There may be critical notice requirements, as well as issues regarding whether the debtor’s insurance is an asset of the estate. There is also no one-size-fits-all insurance policy. Each comes with their own terms, conditions, and exclusions. The panel will discuss issues regarding notice, the types of insurance typically at issue, claims that potentially trigger coverage (and those that should not), and the concept of burning limits, which might affect what ultimately may be available for indemnification of claims. The panel will also discuss the benefits and drawbacks of different types of insurance policies, when they should be renewed, and how they can be used to benefit a bankruptcy estate. The panel will also survey recent case law pertaining to insurance issues in bankruptcy.
Non-Member Price – $65
Member Price – $30
Erin has nearly two decades of experience effectively resolving her clients’ most complex problems with practical business solutions that don’t complicate the issues.
Her practice focuses on complex, time-sensitive challenges inherent in corporate restructurings and liquidations. This successful representation of creditors’ committees, individual creditors, trustees, debtors, and others has helped them realize their business goals when the stakes were high and the outcomes uncertain.
Erin has represented Mattel as the largest unsecured creditor and co-chair of the creditors’ committee in the Toys ‘R’ Us Chapter 11 cases; Fleming Companies in the sale of substantially all of its grocery store distribution business; and American Apparel and its affiliates in its two recent Chapter 11 cases, the first in 2015 and the second in 2016. American Apparel operated a vertically integrated manufacturing, distribution, and retail business focused on branded fashion-basic apparel, employing thousands of employees across multiple manufacturing facilities and hundreds of retail stores in the United States and 17 other countries worldwide.
Finance Monthly has recognized Erin as “Finance Lawyer of the Year”, she has been recommended in The Legal 500, was among the Global Restructuring Review’s “Top 40 Under 40”, and has been called a “Rising Star” by numerous publications.
Jason B. Komorsky
Jason represents Fortune 500 companies and other businesses in commercial litigation with an emphasis on insurance recovery in both federal and state courts. His sought out insurance experience includes matters relating to general liability, workers’ compensation, D&O and E&O, first-party property, and business interruption. He has settled and/or litigated matters to judgment involving product liability coverage, asbestos/silica bodily injury, toxic torts, environmental property damage and corporate malfeasance. He is well known for his work with historic comprehensive general liability, umbrella and excess, Bermuda Form and occurrence-based policies, as well as his work seeking coverage from insolvent carriers.
For the past six years, Jason has focused his practice on representing trustees in bankruptcy litigation that typically involves D&O, general liability, and malpractice insurance coverage. Jason represented the trustee in litigation for Anna’s Linens, Associated Third Party Administrators, Circuit City, Gabriel Technologies, and Cecchi Gori pictures, among others.
Gregory Armand Rougeau
Since 1996, Greg has specialized in commercial, and, in some cases, complex individual, Chapter 11 (reorganization) and Chapter 7 (liquidation) bankruptcy proceedings and related litigation. During that time, he has represented corporate and individual debtors, Chapter 11 and Chapter 7 trustees, creditors and creditors’ committees, vendors, and parties in interest in bankruptcy proceedings (such as parties to contracts with debtors, commercial lessors, and purchasers of assets from bankruptcy estates).
Greg has experience in out-of-court workouts and assets sales. He also has significant experience litigating commercial cases of all types in state and federal (including bankruptcy) court, has represented both receivers and companies in receivership, and represented creditors in collections proceedings of all types.
Greg frequently speaks on issues related to commercial bankruptcy and related litigation.
Before attending law school, Greg served as a Surface Warfare Officer onboard a Destroyer in the United States Navy (1989-1993).His service included extensive time in the Persian Gulf in support of Operation Desert Storm.
Moderator: Jessica L. Bagdanov
Jessica has significant and comprehensive insolvency and restructuring experience. She consistently represents chapter 7 trustees and receivers, as well as both debtors and creditors in chapter 11 matters. Jessica also has significant business litigation experience, and is routinely responsible for a wide range of motion practice in contested matters, adversary proceedings, and related appeals.
Jessica presently serves as the Education Co-Chair for the Insolvency Law Committee, as a Board Member for the Los Angeles Bankruptcy Forum, an Associate Editor of the Business Law News section of the California Lawyers Association, and is one of the Conference Co-Chairs for the 2022 California Bankruptcy Forum. She has been recognized as a Southern California Rising Star by Super Lawyers from 2015-2021, and has been named among the “Best Lawyers in America” since 2018.