Carl Icahn and Icahn Enterprises LP want the First Court of Appeals in Houston to vacate a judgment obtained on a summary judgment motion that let its insurers avoid paying a $78.5 million settlement.

Icahn is founder and controlling shareholder of Icahn Enterprises, a public company and diversified conglomerate holding company based in Florida. The settlement between him and entities he controls was for a class action lawsuit filed in the Delaware Chancery Court and brought by stockholders of CVR Refining LP stock.