Channeled Claim means Abuse Claims, the FCR Claim, the Participating Party Claims, Indemnification Claims, and/or any Claims against a Participating Party, a Non-Debtor CGL Settling Insurer Covered Person, or a Settling Insurer arising from, in connection with, or related in any way to an Abuse Claim, USAG, or any of the Settling Insurer Policies listed on Exhibit A, whenever and wherever arising or asserted, whether sounding in tort, contract, warranty, or any other theory of law, equity, or admiralty, including without limitation all Claims by way of direct action, subrogation, contribution, indemnity, alter ego, statutory or regulatory action, extra-contractual or otherwise, Claims for exemplary or punitive damages, for attorneys’ fees and other expenses, or for any equitable remedy, and whether filed or not and whether filed before or after the Bar Date. In addition, a Channeled Claim includes any Claim against the Debtor, a Participating Party, a Non-Debtor CGL Settling Insurer Covered Person, or a Settling Insurer based on allegations that it is an alter ego of a Person that is not a Participating Party, Non-Debtor CGL Settling Insurer Covered Person, or Settling Insurer or that the Debtor’s, Participating Party’s, Non-Debtor CGL Settling Insurer Covered Person’s or Settling Insurer’s
Channeled Claim means any Tort Claim or any other claim against any of the Protected Parties or Settling Insurers that, directly or indirectly, arises out of, relates to, or is in connection with any Tort Claim, including any Related Insurance Claim.
Channeled Claim means any Abuse Claim, and/or Claim against a Participating Party or Settling Insurer arising from, in connection with, or related in any way to an Abuse Claim or any of the Settling Insurer Policies. Each Claim described in this Section
Examples of Channeled Claim in a sentence
The right of any Tort Claimant to a trial by jury or otherwise against the Reorganized Debtors and any of the Protected Parties is waived and released upon the occurrence of the Effective Date, and the Tort Claim of a Tort Claimant will be solely determined by the Abuse Claims Reviewer in accordance with the Tort Claims Allocation Protocol, and shall be a Channeled Claim to be paid solely from the Trust and/or Trust Assets.
The right of any Unknown Tort Claimant to a trial by jury or otherwise against the Reorganized Debtors and any of the Protected Parties is waived and released upon the occurrence of the Effective Date, and the Class 9 Claim of an Unknown Tort Claimant will be solely determined in accordance with the Unknown Tort Claims Allocation Protocol, and shall be a Channeled Claim to be paid solely from the Trust and/or Trust Assets.
The sole recourse of any Person on account of any Hospital Channeled Claim, whether or not the Holder thereof participated in the Chapter 11 Cases and whether or not such Holder filed a Proof of Claim in the Chapter 11 Cases, shall be to the Hospital Trust as and to the extent provided in the Hospital TDP.
Each Hospital Channeled Claim shall be asserted exclusively against the Hospital Trust and resolved solely in accordance with the terms, provisions and procedures of the Hospital TDP.
Holders of Non-NAS PI Channeled Claims are enjoined from asserting against any Debtor or other Protected Party any Channeled Claim, and may not proceed in any manner against any Debtor or other Protected Party on account of any Channeled Claim in any forum whatsoever, including any state, federal or non-U.S. court or administrative or arbitral forum, and are required to pursue Non-NAS PI Channeled Claims exclusively against the PI Trust, solely as and to the extent provided in the Non-NAS PI TDP.
More Definitions of Channeled Claim
Channeled Claim means any Tort Claim, Unknown Tort Claim, Extra- Contractual Claim, and/or Claim against any of the Crosier Father Parties or the Hartford Parties and, with respect to any Claim that is not a Tort Claim, to the extent such Claim against an Entity insured by Hartford arises under a Hartford Non-Excluded Policy. Each Claim described in this definition shall include all such Claims whenever and wherever arising or asserted, whether sounding in tort, contract, warranty or any other theory of law, equity or admiralty, including without limitation all Claims by way of direct action, subrogation, allocation of fault, contribution, indemnity, alter ego, statutory or regulatory action, or otherwise, Claims for exemplary or punitive damages, for attorneys’ fees and other expenses, or for any equitable remedy, provided, however, that “Channeled Claim” does not include any Tort Claim, Unknown Tort Claim, Extra-Contractual Claim and/or Claim against a Hartford Party to the extent that such Claim relates to coverage for a Person other than a Crosier Fathers Party under a policy that Hartford issued that (i) is not a Hartford Policy or (ii) was not issued to a Crosier Fathers Party. For avoidance of doubt, a Hartford Policy is issued to a Crosier Fathers Party where a Crosier Fathers Party is identified as the insured on the declarations page or is otherwise identified as a named insured in that Hartford Policy. “Channeling Injunction” means the injunction to be issued pursuant to Section 26.5 of the Plan.
Channeled Claim means any Survivor Claim, Related Insurance Claim, Medicare Claim, Extra-Contractual Claim, or other Claim against any of the Protected Parties or the Settling Insurers to the extent such Claim arises from the same injury or damages asserted as a Survivor Claim against the Protected Parties or the Settling Insurers, that directly or indirectly arises out of, relates to, or is in connection with such Survivor Claim or other Claim covered by the Channeling Injunction or Supplemental Insurer Injunction; provided, however, that “Channeled Claims” shall not include any Claim against (i) an individual who perpetrated an act of Abuse that forms the basis of a Survivor Claim with respect to that Survivor Claim; or (ii) any religious order, diocese (other than the Diocese itself), or archdiocese (including the Archdiocese).
Channeled Claim means each and every Tort Claim, including Unknown Tort Claims, and each and every present or future Claim against any of the Protected Parties, or against any Person or Entity covered by the Settling Insurers, to the extent such Claim, directly or indirectly, arises out of, relates to, or is in connection with the same injury, damages, facts or circumstances giving rise to a Tort Claim (including an Unknown Tort Claim), including each and every Tort Claim, Unknown Tort Claim, Late-Filed Tort Claim, Related Insurance Claim, Extra- Contractual Claim, Medicare Claim, Claim based on respondeat superior or any employment based theory, and all other Claims that relate to the Insurance Policies and Certificates. “Channeled Claim” does not include: (a) any Claim against any Perpetrator, (b) any Claim against a diocese or archdiocese other than the Archdiocese itself, (c) Claims against a Religious Order, including any liability of a Religious Order as a successor to any religious community of the Archdiocese in each case, unless it is a Participating Religious Order; (d) any Claim against the Holy See; (e) a Tort Claim that arises from, relates to, or arises in connection with Abuse the earliest incident of which occurred after the Petition Date, or (f) any Covered Non-Tort Claim.
Channeled Claim means any Tort Claim, Unknown Tort Claim, Extra- Contractual Claim, and/or Claim against a Protected Party, or any Entity insured by a Settling Insurer or Participating Party (to the extent such Claim against an Entity insured by a Settling Insurer arises from the same injury or damages asserted as a Tort Claim against a Protected Party and relates to a Released Insurance Policy) arising from, in connection with, or related in any way to a Tort Claim or any Released Insurance Policies issued by the Setting Insurers or Participating Party, including any Related Insurance Claims. Each Claim described in this Section 3.25 shall include all such Claims whenever and wherever arising or asserted, whether sounding in tort, contract, warranty or any other theory of law, equity or admiralty, including without limitation all Claims by way of direct action, subrogation, allocation of fault, contribution, indemnity, alter ego, statutory or regulatory action, or otherwise, Claims for exemplary or punitive damages, for attorneys’ fees and other expenses, or for any equitable remedy.
Channeled Claim means any Tort Claim, Unknown Tort Claim, and/or Claim against a Protected Party arising from, in connection with, or related in any way to such Claims. Each Claim described in this Section 2.27 includes all such Claims whenever and wherever arising or asserted, whether sounding in tort, contract, warranty or any other theory of law, equity or admiralty, including without limitation all Claims by way of direct action, subrogation, allocation of fault, contribution, indemnity, alter ego, statutory or regulatory action, or otherwise, Claims for exemplary or punitive damages, for attorneys’ fees and other expenses, or for any equitable remedy.
Channeled Claim means any Tort Claim, Unknown Tort Claim, Extra- Contractual Claim, and/or Claim against any of the Crosier Fathers Parties or the Hartford Parties and, with respect to any Claim that is not a Tort Claim, to the extent such Claim against
Channeled Claim means Abuse Claims, the FCR Claim, the USOPC Claim, Indemnification Claims, and/or any Claims against a Participating Party, a Non-Debtor CGL Settling Insurer Covered Person, or a Settling Insurer arising from, in connection with, or related in any way to an Abuse Claim, or any of the Settling Insurer Policies (excepting the Personal Injury Claim), whenever and wherever arising or asserted, whether sounding in tort, contract, warranty,