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    (June 24, 2004)

    Natalie White – Contributing writer

    Verdict: $83 millionState: Texas
    Type of case: Personal injuryTrial: 2 weeks
    Deliberations: 2 1⁄2 daysStatus:
    Case name: Holder v. Beverly Enterprises Texas, Inc.Date of verdict:
    Plaintiffs’ attorneys: David T. Marks, of Houston’s The Marks Firm: David

    Hill, of Henderson, Texas’ Wellborn, Houston, Adkinson, Mann, Sadler & Hill; and Timothy Lee, of Houston’s Ware, Snow, Fogel, Jackson & Greene

    Defense attorneys: Deanna Smith and Nathan Rymers, of Houston’s Carlson & Smith


    1. A recent decision by a Texas bankruptcy judge represents a precedent-setting ruling of note to lenders, sureties, and insurance companies involved in structured finance transactions.
    2. On April 22, 2004, Steven A. Felsenthal, Chief United States Bankruptcy Judge for the Northern District of Texas, Dallas Division, entered a declaratory judgment against ZC Specialty Insurance Company (“Zurich”), a subsidiary of Zurich Financial Services Group, ruling that Zurich was a partner in the ownership and operation of 87 nursing homes located in Texas and Illinois. The nursing home chain, vvhich did business as Senior Living Properties, L.L.C. (SLP), filed for bankruptcy protection on May 14, 2002. As a partner in the enterprise, Zurich nmv finds itself liable for all debts incurred by the bankrupt nursing home chain. According to a subsequent lawsuit filed by the court appointed post-confinnation trustee, Dan B. Lain, Zurich is responsible for debts in excess of $500 million.