Our insurance coverage cases include a wide variety of coverage claims, including securities, mismanagement of state and federal programs, directors’ and officers’ liability, pharmaceutical liability, toxic tort liability, professional liability and class action liability.
Bob has represented insurers in several cases in which the Delaware Superior Court and the Delaware Supreme Court have held that there is no coverage for damages sought by states, municipalities and Native American tribes to recover damages incurred to provide medical care to victims of opioid-related addiction or disease, including overdoses and deaths. The courts have consistently held that such claims are not “sums that the insured becomes legally obligated to pay as damages by reason of liability imposed by law . . . because of bodily injury [or] property damage.” Such cases include In re Albertsons Opioid Ins. Litig., 2026 WL 1329134 (Del. Super.) and CVS Opioid Ins. Litig., 346 A.2d 81 (Del. 2025).
In MSG Networks Inc. v. Federal Insurance Co., 2026 WL 1822345 (Del. Super.), Bob represented three insurers. The Delaware Superior Court granted summary judgment to the insurers, holding that the Bump-Up Clause in a D&O insurance policy barred coverage for indemnity and attorneys’ fees for underlying shareholder litigation arising from the merger of MSG Networks and Madison Square Garden Entertainment Corp.
In re Fairpoint Insurance Coverage Appeals, 311 A.3d 760 (Delaware Supreme Court 2023). Bob represented three insurers in this appeal from an adverse grant of summary judgment in Superior Court. The Delaware Supreme Court reversed the Superior Court and ruled in favor of the insurers. The Court found that a litigation trust’s post-bankruptcy fraudulent transfer claims were direct, not derivative, and therefore not a “Securities Claim” under the insurance policies at issue.
Georgian American Alloys, Inc. v. Axis Insurance Co. (3d Cir. 2022). The Court affirmed District Court’s holding that insurer need not show prejudice when notice was untimely under a claims-made policy. Issue not yet addressed by Delaware Supreme Court. The Court based its decision on Devon Park Assoc., L.P. v. Federal Insurance Co., a District of Delaware case. Bob represented the insurers in both cases.
Won summary judgment for insurer in coverage case, based upon attorney professional liability policy exclusion of any dispute over fees or costs.
