• In re: Culp

    Publication Date: 2018-09-19
    Practice Area: Bankruptcy
    Industry: Insurance | Real Estate
    Court: U.S. Bankruptcy Court
    Judge: Judge Shannon
    Attorneys: For plaintiff: Peter Schaeffer, Jr., Avenue Law, Dover, DE, attorney for debtors
    for defendant: Charles A. Stanziale, Jr., McCarter & English, LLP, Newark, NJ; Matthew J. Rifino and Kate Roggio Buck, McCarter & English, LLP, Wilmington, DE, attorneys for trustee.

    Case Number: D68287

    Homeowners' insurance proceeds were part of property owners' bankruptcy estate because owners owned and were beneficiaries of the insurance policy, received the proceeds, and at all times held at least a contingent or residual interest in the proceeds.

  • Sun Life Assurance Co. of Canada v. Wilmington Trust, N.A.

    Publication Date: 2018-09-05
    Practice Area: Insurance Law
    Industry: Financial Services and Banking | Insurance
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Joseph J. Bellew, Joseph Kelleher, Michael J. Miller, Charles J. Vinicombe, Gregory J. Star, Cozen O'Connor, attorneys for plaintiff
    for defendant: Harry S. Davis and Robert E. Griffin, Schulte Roth & Zabel LLP; Kevin G. Abrams, John M. Seaman, and E. Wade Houston, Abrams & Bayliss LLP, attorneys for defendant.

    Case Number: D68272

    Estoppel counterclaims and affirmative defenses to action seeking to declare life insurance policy void ab initio struck and dismissed where validity of policy would preclude estoppel and invalidity of policy would grant no legal basis for relief.

  • Delaware Business Court Insider

    Bankruptcy Court Enforces Anti-Assignment Clause and Rejects Assignee's Proof of Claim

    September 05, 2018

    The purchase and sale of claims held by creditors against debtors in a bankruptcy proceeding has become a big business.

  • Progressive Cas. Ins. Co. v. Bowman Trailer Leasing, LLC

    Publication Date: 2018-08-29
    Practice Area: Insurance Litigation
    Industry: Insurance | Transportation
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Thomas P. Leff and Robert D. Moseley, Jr. for plaintiff
    for defendant: Jason D. Warren and Justin L. Klein for defendant.

    Case Number: D68268

    A negligence action filed in another jurisdiction qualified as a prior pending proceeding, and the court granted a stay as to an insurer's later-filed declaratory relief action.

  • 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.

  • The Recorder

    Advertiser Class Action Claims Facebook Overestimates Audience Size

    August 16, 2018

    The suit claims that Facebook's estimated reach among the key 18- to 34-year-old bracket exceeds the actual population of that demographic group in every state in the U.S.

  • Delaware Business Court Insider

    Del. Justices Uphold $40M in Coverage for TIAA's Defense in Class Actions

    July 31, 2018

    All five justices sided with TIAA and its McKool Smith attorneys, rejecting an appeal that settlement payments are uninsurable disgorgements under New York law.

  • Doyle v. Matthew Smith, LLC

    Publication Date: 2018-07-25
    Practice Area: Administrative Law | Labor Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Ella J. Doyle, pro se appellant
    for defendant: Daniel C. Mulveny and Victoria W. Counihan, Delaware Department of Justice, Wilmington, DE, attorneys for defendants.

    Case Number: D68224

    Appeals referee erred in finding person ineligible for unemployment benefits for failure to appear for work search audits where individual presented evidence that she was short-term unemployed and therefore not obligated to appear for audits.

  • 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.