Counsel for an insurer is facing sanctions in federal court for allegedly defying a judge’s ruling by seeking to enforce a judgment against a bank in its individual capacity rather than as trustee.
After Allied World Assurance Co. won an arbitration award and attorney fees in an insurance coverage dispute with Bank of Utah as trustee, Allied’s counsel represented to the court in an application for a writ of execution that they were permitted to “execute on any assets” that were “held by Bank of Utah as the judgment debtor,” according to the opinion.
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