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November 29, 2023 | Delaware Law Weekly

Del. May See Litigation Flood if Jurisdiction Is Allowed in Pandemic Coverage Disputes, Insurer Warns Justices

"The consequences of the appellant's overreaching position are potentially severe given, as this court well knows, Delaware has more incorporations than any other U.S. state," Robinson+Cole's Jonathan Small said.
4 minute read
October 27, 2023 | Delaware Law Weekly

21 Lawsuits in 1 Week: 3rd Circuit Ruling Opens Flurry of Litigation With Aetna in Crosshairs

The suits claim Aetna routinely promises to pay for a bilateral breast reconstruction at its in-network rate. But after the procedure is complete, Aetna allegedly only pays a fraction of the agreed-on cost.
4 minute read
October 27, 2022 | Delaware Law Weekly

Superior Court Rules Verizon to Recover $120M From Insurers

"The securities claim definition at issue here is in a standard form that is used by policyholders across the country," said Keith McKenna, a partner at Cohen Ziffer Frenchman & McKenna.
4 minute read
August 12, 2022 | Delaware Law Weekly

Superior Court: CVS Didn't Prove Insurance Case Caused 'Overwhelming Hardship' in Delaware

Superior Court Judge Paul Wallace denied CVS' motion to dismiss or stay an action from its insurers, which seek to avoid paying for the retailer's defense in litigation claiming it fueled and profited from the opioid epidemic.
3 minute read
February 24, 2022 | Delaware Law Weekly

Jury Finds Health Care Company Used Fraud in Bid to Secure Settlement Insurance Coverage

The decision means that three insurance companies, represented by a team led by Quinn Emanuel attorneys, won't have to pay a former Xerox Corp. subsidiary a total of $37.5 million toward a settlement with the state of Texas.
2 minute read
Law Journal Press | Digital Book Texas Personal Automobile Insurance Policy 2020 Authors: Janet K. Colaneri, Bret Weatherford View this Book

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September 03, 2021 | Delaware Law Weekly

Courts Disagree About Business Interruption Suits, But Judge Nixes Stay of Litigation Amid Pending Appeal

The plaintiff sought the stay "despite essentially conceding there are no substantive grounds for this court to distinguish this case from numerous others from just the past year," which were dismissed, U.S. District Judge Noel Hillman wrote.
4 minute read
November 16, 2020 | Delaware Law Weekly

Delaware Supreme Court Rules That Appraisal Actions Are Not Covered by Public Company D&O Insurance

In their Corporate Insurance column, Howard B. Epstein and Theodore A. Keyes discuss a unanimous decision from October, in which the Delaware Supreme Court reversed a trial court ruling and held that an appraisal action is not a "Securities Claim" as defined in the applicable D&O liability insurance policy. Consequently, the court ruled that the insured was not entitled to coverage for defense costs and pre-judgment interest incurred in connection with an appraisal proceeding.
8 minute read
August 12, 2020 | Delaware Law Weekly

Del. Supreme Court Weighs When Insurers May Deny Underinsured Motorist Benefits

The Delaware Supreme Court on Wednesday heard argument in a case questioning whether passengers injured in a car crash can be eligible for multiple types of insurance benefits.
4 minute read
June 10, 2020 | Delaware Law Weekly

Del. Superior Court Allows Case Alleging That Faulty Freezers Sent Hamburger Flying, but Dismisses Some Claims

According to the opinion issued Monday, though the freezers were installed by August 2017, they had a number of issues that kept Golden State from being able to use them as intended, including failing parts, missing systems and doors installed on the wrong side.
3 minute read
November 04, 2019 | Delaware Law Weekly

Del. Justices: Bankruptcy Trustee's Case Against Verizon Not a Covered 'Securities Claim'

The Supreme Court of Delaware has ruled that claims brought by a bankruptcy trustee against Verizon Communications Inc. were not securities claims for purposes of various insurance policies because the claims did not allege any violation of regulations, rules or statutes regulating securities.
6 minute read

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