In re: DPH Holdings Corp.
| DPH Holdings Corp. |
| State of Michigan Workers' Compensation Insurance Agency and State of Michigan Funds Administration |
| Ace American Insurance Company and Pacific Employers Insurance Company |
| 1:2012cv09292 |
| December 20, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Paul A. Engelmayer |
| Bankruptcy Appeal (801) |
| 28 U.S.C. ยง 0158 Notice of Appeal re Bankruptcy Matter (BA |
| None |
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Filing
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OPINION & ORDER: This appeal, arising out of an adversary bankruptcy proceeding, involves the scope of workers compensation coverage purchased from insurance carriers by the underlying debtor. It pits state regulators in Michigan, who argue for broad -ranging coverage, against the carriers, who argue that the coverage they agreed to provide was narrow. Because Michigan law provides that the states workers compensation fund will provide workers compensation to employees when an employer cannot do so, this litigation ultimately affects who is responsible for paying workers compensation benefits to various employees of the debtor, but it does not affect whether some entity has that responsibility. Presently at issue before the Court is a Novem ber 1, 2012, order by the Hon. Robert D. Drain, United States Bankruptcy Judge, granting summary judgment in favor of the insurance carriers, ACE American Insurance Company and Pacific Employers Insurance Company (collectively, ACE) on the coverage i ssue. The regulatorsthe State of Michigan Workers Compensation Insurance Agency (the Agency) and the State of Michigan Funds Administration (the Funds Administration, and collectively with the Agency, the Michigan Defendants) appeal that order. For the reasons stated above, the decision of the bankruptcy court is affirmed. The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/1/2013) (rsh)
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