• Goggin v. Nat'l Union Fire Ins. Co. of Pittsburgh, PA

    Publication Date: 2018-12-12
    Practice Area: Corporate Governance | Insurance Law
    Industry: Energy | Mining and Resources
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: David J. Baldwin and Carla M. Jones, Potter Anderson & Corroon, LLP, Wilmington, DE; Seth B. Schafler and Seth D. Fiur, Proskauer Rose, LLP, New York, NY for plaintiffs.
    for defendant: Seth A. Niederman, Fox Rothschild, LLP, Wilmington, DE; Joseph Collins, Fox Rothschild, LLP, Chicago, IL for defendant.

    Case Number: D68383

    Exclusionary clause of Directors & Officers insurance policy applied where claims against former directors would not have arisen but for their formation and use of investment vehicles, of which they were managers/members, to enrich themselves at the expense of the corporation for which they were directors and the corporation's creditors.

  • Homeland Ins. Co. of New York v. Corvel Corp.

    Publication Date: 2018-12-05
    Practice Area: Insurance Law
    Industry: Health Care | Insurance
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: David Newmann and Catherine E. Stetson, Hogan Lovells US LLP, Washington, DC; Timothy Jay Houseal, Jennifer M. Kinkus and William E. Gamgort, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Michael J. Rosen and Peter F. Lovato, III, Skarzynski Black, LLC for appellant
    for defendant: John M. Seaman and April M. Kirby, Abrams & Bayliss LLP, Wilmington, DE for appellee.

    Case Number: D68374

    Bad faith claim brought by insured barred by applicable statute of limitations where the claim accrued when insured settled a covered litigation and when insured knew insurer had made its alleged misrepresentation in prior litigation.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.