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IN RE DPH HOLDINGS CORP.

No. 12 Civ. 9292 (PAE).

In re: DPH HOLDINGS CORP., et al., Reorganized Debtors. STATE OF MICHIGAN WORKERS' COMPENSATION INSURANCE AGENCY and STATE OF MICHIGAN FUNDS ADMINISTRATION, Defendants-Appellants, v. ACE AMERICAN INSURANCE COMPANY and PACIFIC EMPLOYERS INSURANCE COMPANY, Plaintiffs-Appellees.

United States District Court, S.D. New York.

August 1, 2013.

Attorney(s) appearing for the Case

DPH Holdings Corp., Debtor, represented by Albert L. Hogan, III , Skadden, Arps, Slate, Meagher & Flom, LLP (IL).

State of Michigan Workers' Compensation Insurance Agency, Appellant, represented by Melanie L. Cyganowski , Otterbourg, Steindler, Houston & Rosen.

State of Michigan Funds Administration, Appellant, represented by Melanie L. Cyganowski , Otterbourg, Steindler, Houston & Rosen.

Ace American Insurance Company, Appellee, represented by Anton Metlitsky , O'Melveny & Myers, LLP, Jonathan D. Hacker , O'Melveny & Myers, LLP & William C. Heuer , Duane Morris, LLP.

Pacific Employers Insurance Company, Appellee, represented by Anton Metlitsky , O'Melveny & Myers, LLP(NYC), Jonathan D. Hacker , O'Melveny & Myers, LLP & William C. Heuer , Duane Morris, LLP (NYC).

OPINION & ORDER

PAUL A. ENGELMAYER, District Judge.

This appeal, arising out of an adversary bankruptcy proceeding, involves the scope of workers' compensation coverage purchased from insurance carriers by the underlying debtor. It pits state regulators in Michigan, who argue for broad-ranging coverage, against the carriers, who argue that the coverage they agreed to provide was narrow. Because Michigan law provides that the state's workers' compensation...

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