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.
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.
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