- 11 U.S.C.
LaMonica v. North of England Protecting and Indemnity Assoc. (In re Probulk Inc.)
Jul
07
2009
Ruling
Insurer's termination of debtor's policies pursuant to "cesser clause" was ineffective.
Procedural posture
Chapter 7 trustee brought an action against insurers. He filed an emergency motion seeking a temporary restraining order to prevent insurers who had provided coverage for debtors' vessels from canceling outstanding insurance or, to the extent necessary, to require them to restore coverage. The trustee was granted relief. The trustee thereafter filed an adversary proceeding. The trustee sought a preliminary injunction.
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Court
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