Admiral Insurance v. Willson (In re Central Louisiana Grain Cooperative, Inc.)

489 B.R. 403
CourtUnited States Bankruptcy Court, W.D. Louisiana
DecidedMarch 27, 2013
DocketCivil Action No. 12-1157; Bankruptcy No. 08-80475
StatusPublished
Cited by13 cases

This text of 489 B.R. 403 (Admiral Insurance v. Willson (In re Central Louisiana Grain Cooperative, Inc.)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, W.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Admiral Insurance v. Willson (In re Central Louisiana Grain Cooperative, Inc.), 489 B.R. 403 (La. 2013).

Opinion

MEMORANDUM OPINION AND ORDER

REBECCA F. DOHERTY, District Judge.

Appellant/Movant, Admiral Insurance Company (“Admiral”), brings this appeal1 from an Order entered by the United States Bankruptcy Court for the Western District of Louisiana, denying Admiral’s Motion for Summary Judgment2, on January 31, 2012. The Order was filed in an adversary proceeding, Thomas R. Willson, Trustee v. Jess Vanderlick, et al., (Bankruptcy Case No. 10-08009) to bankruptcy case, In re: Central Louisiana Grain Cooperative, Inc., (Bankruptcy Case No. 08-80475). Admiral originally filed with this Court a “Notice of Appeal” under 29 U.S.C. § 158(a)(3) [Doc. 1]. Subsequently, by correspondence dated May 8, 2012, Admiral advised this Court that, in fact, this was a “Motion for Leave to Appeal3” rather than an appeal on the merits. This Court issued a Minute Entry and Order [Doc. 4], upsetting the briefing deadlines until this Court rules on this “Motion for Leave to Appeal.” This “Motion for Leave to Appeal” is unopposed by the Trustee. Should this Court grant leave to appeal, the ruling issued will contain new dead[406]*406lines for the filing of substantive appellate briefs. Considering the foregoing, the Motion for Leave to appeal in the above captioned matter is now ripe for consideration.

Factual and Procedural Background

The factual background of this matter has been set forth in the Bankruptcy Court’s January 31, 2012, “Memorandum Ruling,” [Bankr. Doc. 131] issued prior to the Court’s Order denying Admiral’s Motion for Summary Judgment entered March 23, 2012. [Bankr. Doc. 133] Neither party has objected to the facts as set forth by the Bankruptcy Court in its Memorandum Ruling, therefore, in order to give a contextual basis and to create a complete record, this Court will adopt the factual background as set forth by the Bankruptcy Court in its Memorandum Ruling, as set forth herein:

The Debtor, Central Louisiana Grain Cooperative, Inc., filed for relief under Chapter 7 of the Bankruptcy Code on April 10, 2008, and the Trustee, Thomas R. Willson, was subsequently appointed on May 7, 2008. The Debtor was a Louisiana agricultural cooperative association formed under La. R.S. 3:71 et seq. On April 10, 2010, the Trustee commenced the present adversary proceeding against fourteen (14) defendants. Ten (10) of the defendants—Jess Vanderlick, Vernon Mathews, John Dean, Louis Gatlin, Lloyd Puckett4, Ben Littlepage, Charles Matt, John Deykeyser, Richard Hargis, and Gordon Smith—were members of the Debtor’s Board of Directors. Another defendant, Charles Vanderlick, Jr., was the General Manager of the Debtor. Defendant Mike Gillespie was the Debtor’s accountant. Finally, the Trustee named the Debtor’s two D & O insurance providers pursuant to the Louisiana Direct Action Statute: Admiral and Monitor Insurance Co. (“Monitor”). Monitor was subsequently dismissed as a defendant.

The focus of Admiral’s Motion for Summary Judgment is whether the Admiral D & O Policy covers the claims asserted in the Complaint for Damages filed in the adversary proceeding (Bankruptcy Case No. 10-08009). The policy provides that it will “pay on behalf of the Insureds all Loss arising from any Claim first made against the Insureds during the Policy Period or within ninety days thereafter, for any Wrongful Act.” [Bankr. Doc. 100, Ex. A, ¶1.] The policy defines “Insured Person” as any “past, present or future duly elected or appointed directors, trustees, officers, employees (including part-time, seasonal and temporary individuals), volunteers, or committee or staff members of the Insured Entity....” [Bankr. Doc. 100, Ex. A, ¶ 111(D)] The policy defines the “Insured Entity” as the Debtor and any of its subsidiaries. The Admiral D & O Policy also contains certain exclusions to this coverage. Exclusion F of the policy provides as follows:

In addition to the Exclusions listed in Section IV of the Common Policy Terms and Conditions Section, the Insurer shall not be liable to make any payment for Loss in connection with a Claim made against any Insured:
F. by, on behalf of, or in the right of the Insured Entity in any capacity, provided, however, this exclusion does not apply to any Claim that is a derivative action brought or maintained on behalf of the Insured Entity, but only if such Claim [407]*407is instigated and continued totally independent of, and totally without the solicitation of, or assistance of, or participation of, or intervention of any Insured.

[Bankr. Doc. 100, Ex. A, ¶ IV(F) ] (emphasis added). Admiral subsequently filed a Motion for Summary Judgment arguing that, as a matter of law, Exclusion F of the policy precludes coverage for the claims asserted by the Trustee. Specifically, Admiral argued that the claims brought by the Trustee against the insured director defendants are claims brought “by, on behalf of, or in the right of the Insured Entity in any capacity.” The Bankruptcy Judge ultimately denied Admiral’s Motion for Summary Judgment by Order dated March 23, 2012 [Bankr. Doc. 133] with written reasons contained in a Memorandum Ruling dated, January 31, 2012. [Bankr. Doc. 131] Admiral subsequently filed the instant “Motion for Leave to Appeal” on May 5, 2012. [Doc. 1-5]

Law and Discussion

A. Appeal of Bankruptcy Orders to District Court

The source of district court jurisdiction over bankruptcy appeals can be found in 28 U.S.C. § 158(a). Pursuant to 28 U.S.C. § 158(a):

The district courts of the United States shall have jurisdiction to hear appeals
(1) from final judgments, orders, and decrees;
(2) from interlocutory orders and decrees issued under Section 1121(d) of title 11 increasing or reducing the time periods referred to in Section 1121 of such title; and
(3) with leave of the court, from other interlocutory orders and decrees;
and, with leave of the court, from interlocutory orders and decrees, of bankruptcy judges entered in cases and proceedings referred to the bankruptcy judges under section 157 of this title. An appeal under this subsection shall be taken only to the district court for the judicial district in which the bankruptcy judge is serving.

28 U.S.C. § 158(a) (emphasis added). Rule 8001 of the Bankruptcy Rules addresses the manner of taking appeals in bankruptcy cases. Particularly, Rule 8001(a) states “[a]n appeal from a judgment, order, or decree of a bankruptcy judge to a district court or bankruptcy appellate panel as permitted by 28 U.S.C. § 158(a)(1) or (a)(2) shall be taken by filing a notice of appeal with the clerk within the time allowed by Rule 8002.” Bankr. Rule 8001(a) (emphasis added).

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489 B.R. 403, Counsel Stack Legal Research, https://law.counselstack.com/opinion/admiral-insurance-v-willson-in-re-central-louisiana-grain-cooperative-lawb-2013.