• Delaware Business Court Insider

    Del. Supreme Court Upends $13.7M Insurance Judgment in Asbestos Suit

    July 17, 2018

    Texas ties to the contractual relationship between the company and insurer trumped the fact that Wisconsin was the site of exposure, the court said in a ruling focused on choice of law in corporatewide insurance policies.

  • US Ecology, Inc. v. Allstate Power Vac, Inc.

    Publication Date: 2018-07-04
    Practice Area: Contractual Disputes | Corporate Entities
    Industry:
    Court: Court of Chancery
    Judge: Chancellor Bouchard
    Attorneys: For plaintiff: Stephen C. Norman, Daniyal M. Iqbal, David B. Hennes, Lisa H. Bebchick and Joseph G. Cleeman for plaintiffs
    for defendant: Jon E. Abramczyk, D. McKinley Measley, Alexandra M. Cumings, William T. Pruit, Warren Haskel and Benjamin Cooper for defendants.

    Case Number: D68205

    Plaintiffs were not entitled to reimbursement of certain insurance payments following the sale of a subsidiary, because the purchase agreement did not provide for it.

  • New York Law Journal

    Justice Cardozo's Opinion in 'Meinhard v. Salmon' Continues to Reverberate

    June 13, 2018

    At the heart of the 'Meinhard' opinion is the concept that a fiduciary has a duty of undivided loyalty and, therefore, may not exploit a corporate opportunity for his or her own self-benefit.

  • 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.

  • Delaware Business Court Insider

    Del. Judge Denies Interest in Asbestos Coverage Dispute

    May 24, 2018

    A Delaware judge on Wednesday rejected what he called a "peculiar" motion by an industrial pump manufacturer seeking prejudgment interest against excess insurers in a dispute over millions of dollars in asbestos-injury coverage, observing that no court had ever granted such a request without first finding damages.

  • Delaware Business Court Insider

    Icahn Sues to Stop AmTrust's $2.7B Go-Private Deal

    May 22, 2018

    Activist investor Carl Icahn on Monday sued AmTrust Financial Services Inc. in the Delaware Court of Chancery, accusing the New York-based workers' compensation insurer of undervaluing the company in a $2.7 billion go-private bid in order to benefit its controlling family.

  • 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.

  • Jackson v. Nocks

    Publication Date: 2018-05-09
    Practice Area: Contracts
    Industry:
    Court: Court of Chancery
    Judge: Vice Chancellor Montgomery-Reeves
    Attorneys: For plaintiff: Tiffany M. Shrenk, Macelree Harvey, Ltd., Centerville, DE, attorneys for plaintiff
    for defendant: Seth L. Thompson, The Yeager Law Firm LLC, Wilmington, DE, attorneys for defendant.

    Case Number: D68136

    Breach of partnership or contract or promissory estoppel claims failed for lack of agreement or promise to share in costs, losses, and profits, but damages under unjust enrichment warranted where plaintiff made all expenditures on asset intended to be mutually enjoyed.