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Howard Delivery Service v. Zurich American Insurance Company

Docket No.: 05-128
Certiorari Granted: Nov 7 2005
Argued: March 21, 2006
Decided: June 15, 2006

Topics:

Economic Activity, Bankruptcy

PartyNames: Howard Delivery Service, Inc., et al. v. Zurich American Insurance Co.
Petitioner: Howard Delivery Service, Inc., et al.
Respondent: Zurich American Insurance Company

Court Below: United States Court of Appeals for the Fourth Circuit

Howard Delivery Service, Inc., et al.
v.
Zurich American Insurance Company
547 U.S. 651 (2006)
Question Presented:

In a bankruptcy case, is an unsecured claim for unpaid premiums owing for a debtor's statutory workers' compensation liability insurance policy entitled to priority under Section 507(a)(4) of the Bankruptcy Code as a "contribution to an employee benefit plan arising from services rendered", as held by the Fourth and Ninth Circuits, or is such a claim not entitled to Section 507(a)(4) priority, as held by the Sixth, Eighth and Tenth Circuits?

Question:

May a creditor seek priority status in a bankruptcy case to recover unpaid premiums owed for legally-required workers' compensation insurance?

Holding: judgment reversed and remanded
Vote: 6-3
Opinion By:
Read HOWARD DELIVERY SERVICE V. ZURICH AMERICAN INSURANCE COMPANY opinion (PDF)

Other Resources for Howard Delivery Service v. Zurich American Insurance Company:
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