The U.S. Supreme Court wrapped up its 2023-24 term in June 2024, handing down a number of long-awaited rulings. In the insurance space, no decision was more highly-anticipated than that issued in Truck Insurance Exchange v. Kaiser Gypsum Company.
In Truck Insurance Exchange, the issue presented was whether an insurer with financial responsibility for a bankruptcy claim is considered a "party in interest" under Section 1109(b) of the Bankruptcy Code. In its June 6, 2024 opinion, the court held that such an insurer is a "party in interest," opening the door for Truck Insurance Exchange (Truck) and similarly-situated insurers to "'raise and [to] appear and be heard on any issue' in a Chapter 11 case." Truck Ins. Exch. v Kaiser Gypsum Co., 144 S. Ct. 1414, 1418 (2024).
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