IN RE THORPE INSULATION CO.

Nos. 10-56543, 10-56622.

677 F.3d 869 (2012)

In the Matter of THORPE INSULATION COMPANY, Debtor, Motor Vehicle Casualty Company; Central National Insurance Company of Omaha; Century Indemnity Company, successor to Cigna Specialty Insurance Company, FKA California Union Insurance Company, Appellants, v. Thorpe Insulation Company; Pacific Insulation Company, Appellees, National Fire Insurance Company of Hartford, as successor by merger to Transcontinental Insurance Company; Continental Insurance Company, as successor in interest to certain policies issued by Harbor Insurance Company; Official Committee of Unsecured Creditors, of Thorpe Insulation Company and Pacific Insulation Company; Charles B. Renfrew, Real Parties in Interest. In the Matter of Thorpe Insulation Company, Debtor, National Fire Insurance Company of Hartford, as successor by merger to Transcontinental Insurance Company; Continental Insurance Company, as successor in interest to certain policies issued by Harbor Insurance Company, Appellants, v. Thorpe Insulation Company; Pacific Insulation Company, Appellees, Central National Insurance Company of Omaha; Motor Vehicle Casualty Company; Century Indemnity Company, successor to Cigna Specialty Insurance Company, FKA California Union Insurance Company; Official Committee of Unsecured Creditors, of Thorpe Insulation Company and Pacific Insulation Company; Charles B. Renfrew, Administrative Law Judge, Real Parties in Interest.

United States Court of Appeals, Ninth Circuit.

Filed January 24, 2012.

Amended April 3, 2012.


Attorney(s) appearing for the Case

David C. Christian, II (argued), Seyfarth Shaw LLP, Chicago, IL; James M. Harris , Seyfarth Shaw LLP, Los Angeles, CA; Todd C. Jacobs , Grippo & Elden LLC, Chicago, IL, for appellants Continental Insurance Company and National Fire Insurance Company of Hartford.

Tancred V. Schiavoni (argued), Gary Syirsky , O'Melveny & Myers LLP, New York, NY; Richard B. Goetz , Jaclyn Blankenship , O'Melveny & Myers LLP, Los Angeles, CA; Jonathan Hacker , O'Melveny & Myers LLP, Washington, D.C.; Alan S. Berman , the Berman Law Group, Woodland Hills, CA, for appellants Motor Vehicle Casualty Company, Central National Insurance Company of Omaha, and Century Indemnity Company, successor to Cigna Specialty Insurance Company f/k/a California Union Insurance Company.

Thomas E. Patterson (argued), Kenneth N. Klee , Daniel J. Bussel , and David M. Guess , Klee, Tuchin, Bogdanoff & Stern LLP, Los Angeles, CA; Jeremy V. Richards and Scotta E. McFarland , Pachulski, Stang, Diehl & Jones LLP, Los Angeles, CA, for appellee Thorpe Insulation Company.

John A. Lapinski and Leslie R. Horowitz , Clark & Trevithick, P.L.C., Los Angeles, CA, for appellee Pacific Insulation Company.

Peter Van N. Lockwood (argued), Caplin & Drysdale, Chartered, Washington, D.C.; Peter J. Benvenutti , Jones Day, San Francisco, CA, for appellee Counsel for the Official Committee of Unsecured Creditors of Thorpe Insulation Company and Pacific Insulation Company.

Gary Fergus , Fergus, A Law Office, San Francisco, CA, for appellee Charles B. Renfrew, the Futures Representative.

Before: MARY M. SCHROEDER and RONALD M. GOULD, Circuit Judges, and RICHARD SEEBORG, District Judge.


ORDER

The opinion in the above-captioned matter filed on January 24, 2012, and found at 2012 WL 178998, 55 Bankr.Ct. Dec. 278, is amended as follows:

At slip opinion page 671, line 29, delete the following two sentences:

<Further, the trust has only distributed $44.7 million for pre-petition claims, claims submitted directly to the trust, the Business Loss Allocation, operating expenses, and contingent and professional fees—only $15 million...

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