Deepening insolvency is not an independent cause of action unless a plaintiff alleges other causes of action such as professional negligence, the Commonwealth Court of Pennsylvania has ruled in a claim by the Pennsylvania Insurance Department against accounting firm Deloitte & Touche.
The court issued an unpublished opinion authored by Senior Judge James Gardner Colins in Ario v. Deloitte & Touche denying in part the firm’s motion for summary judgment based on the 3rd U.S. Circuit Court of Appeals’ 2006 decision in In re CitX Corp., where the federal court ruled deepening insolvency is not a valid theory of damages for an independent cause of action.
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