Page 4 of 9  Courts focus on the insurance policy itself in analyzing ownership of insurance proceeds.  \"Insurance policies are property of the estate because, regardless of who the insured is, the debtor  retains certain contract rights under the policy itself. Any rights the debtor has against the  insurer, whether contractual or otherwise, become property of the estate.\"  11  But ownership of thepolicydoes not necessarily mean that a debtor has a right to the  policyproceeds. The leading bankruptcy treatise explains the right to proceeds of casualty  insurance:  An illustrative example is the question of the estate's interest in proceeds of fire insurance policies that are attributable to prepetition fire damage to a building owned by the debtor. It is well established that money payable as proceeds of a fire policy taken out before bankruptcy for the debtor's benefit does not arise from the property that was damaged, but rather from a personal contract between insurer and insured. Therefore, the proceeds will not be awarded to a creditor holding a lien on the property unless the debtor had covenanted to insure for the benefit of the person holding the lien and, in implementation thereof, had either included a \"loss payable\" rider benefiting the secured party in the policy or made an outright assignment of the policy to the lienor.  12    The debtors' insurance declarations page  13 lists Neighbors as a lienholder/additional  insured on the wrecked vehicle. The debtors argue that because the GoAuto policy did not  include an explicit loss payee rider, Neighbors is not entitled to the insurance payment.  However, the policy on page 18 references the rights of an entity with a security interest in an   Debtor's estate, and the proceeds would essentially be a change in the form of the property of the estate. Under the analysis of various case law, including the Fifth Circuit'sLouisiana World Expositioncase,Edgeworthcase, and Equinoxcase, as well as theAsaycase out of the Northern District of Texas, this court believes the Debtor would have had the right to keep and receive the proceeds of the Builder's Risk Policy, if and when the insurer had paid[.]\").  11Houston v. Edgeworth (Matter of Edgeworth), 993 F.2d. 51, 55 (5th Cir. 1993).  12 5 RICHARD LEVIN & HENRY J. SOMMER, EDS., COLLIER ON BANKRUPTCY ¶ 541.10 (16th ed. 2018 update).  13 Debtors' exhibit 2.   Case 18-10647 Doc 71 Filed 01/16/19 Entered 01/16/19 13:50:06 Page 4 of 9

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