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  • Hilarie v. Lankford

    Publication Date: 2018-02-21
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Keith E. Donovan and Reneta L. Green-Streett, Morris James LLP, Dover, DE, attorneys for plaintiff
    for defendant: David C. Malatesta, Kent & McBride, P.C., Wilmington, DE; Margaret Fonshell Ward, Ward & Herzog, LLC, Baltimore, MD, attorneys for defendants.
    Case Number: D68047

    Assignees of tortfeasors umbrella policy, and plaintiffs in the underlying tort action, were obligated to credit the shortfall between the tortfeasors underlying insurance policy and the minimum coverage amount for an underlying policy required by the umbrella policy out of any recovery in the underlying tort action.

  • James v. Williams

    Publication Date: 2017-12-20
    Practice Area: Civil Appeals | Motor Vehicle Torts
    Industry: Automotive | Retail
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Scott E. Chambers and Gary E. Junge for plaintiffs
    for defendant: Thomas P. Leff for defendant Williams; Benjamin C. Wetzel, III for remaining defendants.
    Case Number: D67978

    Plaintiff failed to allege sufficient facts to establish that store employee was acting in a managerial capacity when he injured plaintiff in a motor vehicle accident, so the employer was not liable for punitive damages.