• Conduent State Healthcare, LLC v. AIG Specialty Ins. Co.

    Publication Date: 2019-07-17
    Practice Area: Insurance Law
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Robin L. Cohen and Keith McKenna, McKool Smith, P.C., New York, NY; Jennifer C. Wasson and Carla M. Jones, Potter, Anderson & Corroon, LLP, Wilmington, DE for plaintiff.
    for defendant: John L. Reed, Matthew Denn, and Harrison S. Carpenter, DLA Piper LLP, Wilmington, DE, Robert S. Harrell, Mayer Brown LLP, Houston, TX for defendants.

    Case Number: D68631

    Defendants obligated to provide defense costs following state attorney general's issuance of a civil investigative demand to defendants' insured because the demand involved an investigation into Medicaid fraud and constituted a "demand for non-monetary relief" under the terms of defendants' policies.

  • Sun Life Assurance Co. Canada v. U.S. Bank, N.A.

    Publication Date: 2019-05-29
    Practice Area: Consumer Protection | Insurance Law
    Industry: Financial Services and Banking | Insurance
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Thomas J. Francella, Gregory F. Fischer, Michael J. Miller, Charles J. Vinicombe, Barry Golob, Daniel P. Thiel, Lezlie Madden and Kristin Parker, Cozen O'Connor, Wilmington, DE and Philadelphia, PA for plaintiff.
    for defendant: David J. Baldwin, Potter Anderson & Corroon LLP, Wilmington, DE; John E. Failla, Nathan Lander and Elise A. Yablonski, Proskauer Rose LLP, New York, NY for defendant.

    Case Number: D68578

    Genuine issues of material fact precluded summary judgment on defendant's counterclaims for deceptive trade practices and promissory estoppel in this insurance matter.

  • Delaware Business Court Insider

    Court Refuses to Toss Coverage Dispute Over $222M in Dole Food Co. Settlements

    May 08, 2019

    The opinion represented a mixed result for both Dole and its insurers on competing motions for summary judgment in the case, which stemmed from two settlements resolving shareholder claims that Dole and its president and CEO, David H. Murdock, had manipulated the company's stock price when Murdock took Dole private in 2013.

  • Smith v. Liberty Mut. Ins. Co.

    Publication Date: 2019-01-30
    Practice Area: Insurance Law
    Industry: Education | Insurance
    Court: Delaware Superior Court
    Judge: Judge Streett
    Attorneys: For plaintiff: Lisa C. McLaughlin for plaintiff
    for defendant: Daniel A. Griffith for defendant

    Case Number: D68445

    A school district's insurer had a duty to defend a teacher in an action by a former student for the teacher's sexual misconduct, because the underlying complaint included claims that fell within the policy. Ambiguity existed with regard to a policy exclusion, so the court resolved the ambiguity against the insurer.

  • Polanco v. Amguard Ins. Co.

    Publication Date: 2019-01-09
    Practice Area: Discovery | Insurance Law
    Industry: Insurance
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: John S. Spadaro, John Sheehan Spadaro, LLC, Smyrna, DE for plaintiff;
    for defendant: Michael R. Abbott, Cipriani & Werner, P.C., Wilmington, DE for defendant.

    Case Number: D68414

    Because courts could take additional evidence to support a removal notice's allegations with respect to the amount-in-controversy requirement, the court could grant a removing defendant's motion for leave to conduct discovery on the requirement to oppose plaintiff's motion to remand.

  • In the Matter of the Liqudation of the Indemnity Ins. Corp.

    Publication Date: 2018-12-26
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Court of Chancery
    Judge: Vice Chancellor Zurn
    Attorneys: For plaintiff: Christopher P. Simon and Kevin S. Mann, Cross & Simon, LLC, Wilmington, DE for the Insurance Commissioner, as receiver for Indemnity Ins. Corp., RRG, in liquidation.
    for defendant: David S. Eagle and Salley E. Veghte, Klehr Harrison Harvey Branzburg LLP, Wilmington, DE for Branch Banking and Trust Co. Jeffrey B. Cohen, Bruceton Mills, WV for proposed intervenor.

    Case Number: D68402

    The court rejected a motion to intervene in this insurance company liquidation matter, because the motion was untimely and prejudiced creditors and policyholders.

  • Delaware Business Court Insider

    NYC Investment Firm Entitled to Insurance Payment on $14.5M in Legal Costs, Del. Court Says

    December 13, 2018

    Judge William C. Carpenter said Wednesday that AR Capital, a New York-based investment and advisory firm, was covered under VEREIT's insurance policy for management services it had provided to VEREIT before the errors were discovered in late 2014.

  • 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.