Truck Insurance Exchange v. Kaiser Gypsum Company
U.S. Supreme Court · decided June 6, 2024 · Supreme Court Database (Spaeth)
- Decided
- June 6, 2024
- Term
- October Term 2023
- Vote
- 8–0
- Majority author
- Justice Sotomayor
- Issue area
- Economic Activity
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
(Slip Opinion) OCTOBER TERM, 2023 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321 , 337. SUPREME COURT OF THE UNITED STATES Syllabus TRUCK INSURANCE EXCHANGE v. KAISER GYPSUM CO., INC., ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 22–1079. Argued March 19, 2024—Decided June 6, 2024 Petitioner Truck Insurance Exchange is the primary insurer for compa- nies that manufactured and sold products containing asbestos. Two of those companies, Kaiser Gypsum Co. and Hanson Permanente Cement (Debtors), filed for Chapter 11 bankruptcy after facing thousands of asbestos-related lawsuits. As part of the bankruptcy process, the Debt- ors filed a proposed reorganization plan (Plan). That Plan creates an Asbestos Personal Injury Trust (Trust) under 11 U. S. C. §524 (g), a provision that allows Chapter 11 debtors with substantial asbestos- related liability to fund a trust and channel all present and future as- bestos-related claims into that trust. Truck is contractually obligated to defend each covered asbestos personal injury claim and…
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