SrFnFly227
Well-Known Member
From what I understand the insurance company is on the hook for the lawsuit not pinnaglo corp
The answer to that is apparently not so simple.
http://www.buffalonews.com/topics/flight-3407/article791956.ece
"U.S. District Judge William M. Skretny said last week that he still expects to preside over such a trial for cases that do not get settled.
A key question in such a trial could be the amount of punitive damages that Pinnacle may have to pay — and the bankruptcy case makes that question far more complicated. In contrast to compensatory damages, which are paid to a plaintiff to make up for the harm done by the party being sued, punitive damages are aimed at deterring the party from committing the type of egregious actions that prompted legal action in the first place.
Colgan's insurance for such lawsuits covers punitive damages. But since New York law does not allow such damages to be paid through insurance, Colgan would have to rely on its own resources — most likely at a time when its parent's resources are so limited that it has filed for bankruptcy reorganization.
"We always thought that if we win punitive damages, they would run to Bankruptcy Court to avoid having to pay it," Green said.
But the case might not be so simple. Green said it's unclear whether the New York punitive-damages law would apply in this federal court case against Memphis, Tenn.-based Colgan."