United States Second Circuit

The district court erred in reversing the bankruptcy court's final judgment that had enforced settlement agreements and compelled the objecting insurers to make payments to asbestos plaintiffs under the agreements, where: 1) the relevant conditions precedent to payment under the agreements were satisfied; 2) the objecting insurers waived certain arguments regarding conditions that plaintiffs either execute a specific number of releases and deliver them into escrow or dismiss their claims with prejudice; and 3) the bankruptcy court correctly applied prejudgment interest to the amount owed and correctly calculated the total payment due from the appropriate date.

Appellate Information

• Decided 07/22/2014
• Published 07/22/2014

Judges

• WINTER

Court

• United States Second Circuit

Counsel