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Pogo Resources, LLC v. St. Paul Fire and Marine Insurance Co.

Court: ND Tx  01/24/2022  Court Denies Liability Insurer's Motion to Dismiss Assignee's Claims

A court of the Northern District of Texas denied commercial general and excess liability insurer's motion to dismiss bankruptcy assignee's claims against liability insurers arising out of pre-assignment oil well spill cleanup costs, finding assignment by named insured to assignee was authorized by Bankruptcy Code despite anti-assignment clause in policies, thus claims otherwise personal to named insured were plausible claims asserted by assignee which it had standing to pursue.

commercial general liability policy, commercial excess liability policy, bankruptcy, Bankruptcy Code, PSA, assignment, standing, breach of contract, oil well spill, cleanup costs, FRCP 12(b)(6), FRCP, 12(c), pollution exclusion, Tex. Ins. Code. Ch. 541 claims

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