Court Tosses Summary Judgment Allowing Carrier to Have Claims Diverted to Trust Fund

A federal appellate court vacated summary judgment that allowed an insurance carrier to divert a tort claim to a personal injury trust. Case: In re W.R. Grace & Co., No. 20-2171, 09/15/2021, published. Facts and procedural history: W.R. Grace & Co. operated an asbestos mining and processing facility in Libby, Montana, from 1963 until 1990. Faced with thousands of asbestos-related suits, Grace filed for Chapter 11 bankruptcy. Its reorganization plan provided for an asbestos personal injury trust to compensate current and future claimants. Bankruptcy Code Section 524(g)...