536 F.3d 683 (6th Cir. 2008), 07-5894, In re HNRC Dissolution Co.

Docket Nº:07-5894.
Citation:536 F.3d 683
Party Name:In re HNRC DISSOLUTION COMPANY, formerly known as Horizon Natural Resources Company, et al., Debtors. Zurich American Insurance Company, Appellant, v. Lexington Coal Co., LLC, Appellee.
Case Date:August 13, 2008
Court:United States Courts of Appeals, Court of Appeals for the Sixth Circuit
 
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Page 683

536 F.3d 683 (6th Cir. 2008)

In re HNRC DISSOLUTION COMPANY, formerly known as Horizon Natural Resources Company, et al., Debtors.

Zurich American Insurance Company, Appellant,

v.

Lexington Coal Co., LLC, Appellee.

No. 07-5894.

United States Court of Appeals, Sixth Circuit

August 13, 2008

Argued: July 29, 2008.

Appeal from the United States District Court for the Eastern District of Kentucky at Ashland. No. 06-00104-David L. Bunning, District Judge.

ARGUED:

Karen Lee Turner, Eckert, Seamans, Cherin & Mellott, LLC, Philadelphia, Pennsylvania, for Appellant. Gregory R. Schaaf, Greenebaum, Doll & McDonald, PLLC, Lexington, Kentucky, for Appellee. G. Eric Brunstad, Jr., Bingham McCutchen LLP, Hartford, Connecticut, for Amicus Curiae.

ON BRIEF:

Karen Lee Turner, Gary D. Bressler, Eckert, Seamans, Cherin & Mellott, LLC, Philadelphia, Pennsylvania, Douglas T. Logsdon, McBrayer, McGinnis, Leslie & Kirkland, PLLC, Lexington, Kentucky, for Appellant. Gregory R. Schaaf, Margaret A. Miller, Greenebaum, Doll & McDonald, PLLC, Lexington, Kentucky, Barbara Reid Hartung, Greenebaum, Doll & McDonald, PLLC, Louisville, Kentucky, for Appellee. G. Eric Brunstad, Jr., Collin O'Connor Udell, Bingham McCutchen LLP, Hartford, Connecticut, for Amicus Curiae.

Before: ROGERS and McKEAGUE, Circuit Judges; ADAMS, District Judge. [*]

OPINION

PER CURIAM.

Zurich American Insurance Co. (“Zurich" ) provided insurance coverage to Horizon Natural Resources Co., et al., (“the Debtors" ) during the pendency of the Debtors' Chapter 11 bankruptcy proceedings. The policies issued to the Debtors were “deductible policies," meaning that Zurich would pay the entirety of any claims made and would later seek reimbursement from the Debtors for the deductible portion. After confirmation of the Debtors' plans, but before the expiration of the date set for the filing of administrative expense claims, Zurich filed an administrative expense claim. Zurich's administrative expense claim seeks payment of $14,593,567.79, which is an actuarial estimate of the deductible portion of the claims that Zurich believes it will pay in the future for injuries that occurred during the coverage period but were not the subject of insurance claims until after confirmation of the Debtors' plans. Both the...

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