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LITIGATION ALERT: INSURANCE LAW UPDATE: Fifth Circuit certifies to the Supreme Court of Texas: Is the contractual liability exclusion triggered by a general contractor's agreement to "perform its work in a good and workmanlike manner"?

Two years ago, in Gilbert Texas Construction, L.P. v. Underwriters at Lloyd’s London, the Texas Supreme Court held that the contractual liability exclusion in a general contractor’s CGL applied to exclude coverage when the insured assumed […]

Richard L. Hathaway

Bankruptcy and the Franchise Agreement

The principal issue in any bankruptcy case involving franchise issues will be the effect of the filing on the franchise agreement.  As with most contracts, the party filing bankruptcy - the debtor - has two options.  The debtor may assume the franchise […]

Falling Down the Waterfall: Recharacterizing Non-Insider Claims

An article written by Jason Binford entitled, “Falling Down the Waterfall:  Recharacterizing Non-Insider Claims” was published in the March ABI Unsecured Trade Creditors Committee Newsletter.