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  • Catlin Specialty Ins. Co. v. CBL & Assocs. Props., Inc.

    Publication Date: 2018-08-22
    Practice Area: Insurance Law
    Industry: Construction | Insurance
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Emily K. Silverstein, Marks, O'Neill, O'Brien, Doherty & Kelly P.C., Wilmington, DE; Louis H. Kozloff, Goldberg Segalla LLP, Philadelphia, PA, attorneys for plaintiff
    for defendant: John A. Sensing, Potter Anderson & Corroon LLP, Wilmington, DE; Alan E. Popkin, David W. Sobelman, and Melissa Z. Baris, Husch Blackwell LLP, St. Louis, MO, attorneys for defendants.
    Case Number: D68254

    Insurer entitled to reimbursement of defense costs under a reservation of rights following judicial determination insurer had no duty to defend where insured's acceptance of defense under reservation created quasi-contract and entitled insurer to reimbursement under a theory of unjust enrichment.

  • Securian Life Ins. Co. v. Dawson

    Publication Date: 2018-07-04
    Practice Area: Insurance Law
    Industry: Insurance
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68204

    A party seeking to strike a late-filed answer by two defendants did not establish prejudice, and the court found good cause for the belated filing of the answer.

  • Negron v. Geico Secure Ins. Co.

    Publication Date: 2018-06-13
    Practice Area: Contracts | Insurance Law
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68178

    Plaintiff could seek to recover under the uninsured motorist provision of an insurance policy for injuries she sustained from gunshot wounds inflicted while she was driving, but the complaint did not adequately allege that the other vehicle was uninsured.

  • Viking Pump, Inc. v. Century Indem. Co.

    Publication Date: 2018-06-06
    Practice Area: Insurance Law
    Industry: Insurance | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: David J. Baldwin, Jennifer C. Wasson, Carla M. Jones, Robin L. Cohen and Keith McKenna for Warren Pumps LLC
    for defendant: Kenneth J. Nachbar, Garrett B. Moritz, Tancred Schiavoni, Gary Svirsky, John D. Balaguer, Brian G. Fox, Lawrence A. Na-thanson, Anthony G. Flynn, Timothy Jay Houseal, Jennifer M. Kinkus, Larua S. McKay, Thaddeus J. Weaver, James W. Semple, C. Scott Reese and Kristin Suga Heres for excess insurers.
    Case Number: D68172

    An insured was not entitled to set a judgment amount or recover prejudgment interest against an insurer where the complaint sought only declaratory relief.

  • Nationwide Mut. Ins. Co. v. American Indep. Ins. Co.

    Publication Date: 2018-05-30
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68161

    An insurance company was not entitled to rely on the savings clause to permit a late-filed appeal of an arbitra-tion decision.

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  • WoodSpring Hotels LLC v. Natl Union Fire Ins. Co. of Pittsburgh, PA

    Publication Date: 2018-05-16
    Practice Area: Insurance Law
    Industry: Hospitality and Lodging
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Jennifer C. Wasson, Carla M. Jones, Kenneth H. Frenchman and Denise N. Yasinow for plaintiff
    for defendant: Seth Niederman and Joseph Collins for defendant.
    Case Number: D68149

    An insurer was not entitled to avoid its duty to defend based on a policy exclusion regarding trade secrets, because at least one claim in the underlying litigation did not involve trade secrets.

  • Green v. GEICO Gen. Ins. Co.

    Publication Date: 2018-05-09
    Practice Area: Class Actions | Insurance Law
    Industry: Health Care | Insurance
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Richard H. Cross, Jr., Christopher P. Simon, Cross & Simon, LLC, Wilmington, DE, attorneys for plaintiffs
    for defendant: Paul A. Bradley, Maron Marvel Bradley Anderson & Tardy, LLC, Wilmington, DE; George M. Church, Miles & Stockbridge, PC, Baltimore, MD; Meloney Perry, Perry Law, PC, Dallas, TX, attorneys for defendant.
    Case Number: D68135

    Motion to dismiss putative class action denied where court could not definitively determine that plaintiffs could not establish damage calculation method that would predominate over proposed class.

  • Lincoln Benefit Life Co. v. Wilmington Trust, N.A.

    Publication Date: 2018-04-18
    Practice Area: Insurance Law
    Industry: Financial Services and Banking | Insurance
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Joseph C. Schoell, Jason P. Gosselin, Katherine L. Villaneuva and Christopher F. Petrillo for plaintiff
    for defendant: Steven L. Caponi for defendant.
    Case Number: D68113

    Defendant failed to establish overwhelming hardship or other justification for depriving plaintiff of its chosen forum in this insurance matter.

  • Arch Ins. Co. v. Murdock

    Publication Date: 2018-03-14
    Practice Area: Corporate Governance | Insurance Law
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Robert J. Katzenstein and Kathleen M. Miller, Smith, Katzenstein & Jenkins LLP, Wilmington, DE; Michael R. Goodstein, Bailey Cavalieri LLC, Columbus, OH; Merril Hirsh, Troutman Sanders LLP, Washington, DC; Michael L. Manire and Deanna M. Galla, Manire & Galla LLP, New York, NY; Robert P. Conlon and Kevin A. Lahm, Walker Wilcoz Matousek LLP, Chicago, IL; Ommid C. Farashahi, Michael T. Skoglund, and Nicholas R. Novak, BatesCarey LLP, Chicago, IL, attorneys for plaintiffs
    for defendant: Elena C. Norman and Mary F. Dugan, Young Conaway Stargatt & Taylor LLP, Wilmington, DE; Kirk A. Pasich and Pamela Wood, Pasich LLP, Los Angeles, CA; Mikaela Whitman, Pasich LLP, New York, NY , attorneys for defendants.
    Case Number: D68070

    Insurers denied summary judgment on their declaratory judgment action where Delaware law did not preclude insurance from indemnifying directors for breaches of loyalty by fraud.

  • 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.