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  • Arch Ins. Co. v. Murdock

    Publication Date: 2018-03-14
    Practice Area: Corporate Governance | Insurance Law
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Robert J. Katzenstein and Kathleen M. Miller, Smith, Katzenstein & Jenkins LLP, Wilmington, DE; Michael R. Goodstein, Bailey Cavalieri LLC, Columbus, OH; Merril Hirsh, Troutman Sanders LLP, Washington, DC; Michael L. Manire and Deanna M. Galla, Manire & Galla LLP, New York, NY; Robert P. Conlon and Kevin A. Lahm, Walker Wilcoz Matousek LLP, Chicago, IL; Ommid C. Farashahi, Michael T. Skoglund, and Nicholas R. Novak, BatesCarey LLP, Chicago, IL, attorneys for plaintiffs
    for defendant: Elena C. Norman and Mary F. Dugan, Young Conaway Stargatt & Taylor LLP, Wilmington, DE; Kirk A. Pasich and Pamela Wood, Pasich LLP, Los Angeles, CA; Mikaela Whitman, Pasich LLP, New York, NY , attorneys for defendants.
    Case Number: D68070

    Insurers denied summary judgment on their declaratory judgment action where Delaware law did not preclude insurance from indemnifying directors for breaches of loyalty by fraud.

  • Hilarie v. Lankford

    Publication Date: 2018-02-21
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Keith E. Donovan and Reneta L. Green-Streett, Morris James LLP, Dover, DE, attorneys for plaintiff
    for defendant: David C. Malatesta, Kent & McBride, P.C., Wilmington, DE; Margaret Fonshell Ward, Ward & Herzog, LLC, Baltimore, MD, attorneys for defendants.
    Case Number: D68047

    Assignees of tortfeasors umbrella policy, and plaintiffs in the underlying tort action, were obligated to credit the shortfall between the tortfeasors underlying insurance policy and the minimum coverage amount for an underlying policy required by the umbrella policy out of any recovery in the underlying tort action.

  • Homa v. Chalme

    Publication Date: 2018-02-21
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Beverly L. Bove an Vincent J. X. Hedrick, Beverley L. Bove Attorney at Law, Wilmington, DE, attorneys for plaintiff
    for defendant: Beth H. Christman, Casario, Christman, Shalk, Ranson & Doss, P.A., Wilmington, DE, attorney for defendant.
    Case Number: D68048

    Underinsured motorist coverage was merely an expansion of uninsured motorist coverage, and did not constitute a distinct limit of coverage that permitted separate claims for an accident involving underinsured and uninsured motorists.

  • AIU Ins. Co. v. Philips Elec. N. Am. Corp.

    Publication Date: 2018-01-24
    Practice Area: Insurance Law | Toxic Torts
    Industry: Insurance | Manufacturing
    Court: Court of Chancery
    Judge: Vice Chancellor Slights
    Attorneys: For plaintiff: Marc S. Casarino, White and Williams LLP, Wilmington, DE; John S. Favate, Hardin Kundla McKeon & Poletto, P.A., Springfield, NJ, attorneys for plaintiffs
    for defendant: David J. Baldwin, Jennifer C. Wasson, and Andrew H. Sauder, Potter Anderson & Corroon LLP, Wilmington, DE; Kenneth H. Frenchman, McKool Smith, P.C., New York, NY; Daniel K. Hogan and Garvan F. McDaniel, Hogan McDaniel, Wilmington, DE; Sander L. Esserman, Steven A. Felsenthal, and David A. Klinger, Stutzman, Bromberg, Esserman & Plifka, Dallas, TX, attorneys for defendants.
    Case Number: D68014

    Plaintiffs not entitled to summary judgment for claim for breach of audit rights, where operative agreement failed to define scope of audit or describe types of information to be disclosed in an audit.

  • State Farm Fire & Casualty Co. v. Lambert

    Publication Date: 2017-12-06
    Practice Area: Insurance Law | Landlord Tenant Law
    Industry: Insurance | Real Estate
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Joseph J. Bellew and Michael D. O'Donnell for plaintiff
    for defendant: Eileen M. Ford for defendant.
    Case Number: D67962

    Where a residential lease did not contain a provision expressly stating that the tenant would be responsible for damage re-sulting from negligently-caused fires on the premises, the insurer was not entitled to recover against the tenant in a subrogation action.

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Johnson v. State Farm Mut. Ins. Co.

    Publication Date: 2017-11-01
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Rocaneli
    Attorneys: For plaintiff: Garry S. Nitsche and Joel H. Fredericks for plaintiff
    for defendant: Beth H. Christman and Brian V. Dermott for defendant.
    Case Number: D67923

    Insurer was not entitled to reduce or limit underinsured motorist coverage simply because it also provided li-ability coverage on the same policy, but plaintiff was not entitled to recover such benefits because he did not qualify as an insured under the drivers policy.

  • Catlin Specialty Ins. Co. v. CBL & Assocs. Props.

    Publication Date: 2017-11-01
    Practice Area: Insurance Law
    Industry: Insurance | Real Estate | Retail
    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, Goldber 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 defendant.
    Case Number: D67918

    Insurer had no duty to defend or indemnify insured under professional negligence liability policy where underlying action only alleged insureds intentional fraudulent conduct.

  • Wilmington Pain & Rehabilitation Center, P.A. v. USAA Gen. Indemnity Ins. Co.

    Publication Date: 2017-11-01
    Practice Area: Class Actions | Insurance Law
    Industry: Health Care | Insurance
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: John S. Spadaro and John Sheehan Spadaro for plaintiff
    for defendant: Sidney S. Liebesman, Lisa Zwally Brown, Jay Williams and Paula M. Ketcham for defendant.
    Case Number: D67925

    A purported class did not meet the requirements for certification because the reasonableness and necessity of the medical expenses at issue required a particularized assessment of each patients injuries, treatment and ex-penses.

  • Benson v. Amguard Ins. Co., DEFAX Case No. D67782 (D.Del. June 21, 2017), Stark U.S.D.J. (14 pages).

    Publication Date: 2017-07-05
    Practice Area: Insurance Law | Insurance Litigation
    Industry: Consumer Products
    Court: U.S. District Court of Delaware
    Judge:
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D67782

    Declaratory judgment count failed to state a claim where it lacked utility because defendant's alleged conduct or need to act had ceased, obviating the need for the court to make a declaration as to

  • Tillison v. GEICO Secure Ins. Co., DEFAX Case No. D67749 (Del. Super. May 15, 2017), Carpenter, J. (9 pages).

    Publication Date: 2017-05-31
    Practice Area: Insurance Law | Insurance Litigation
    Industry: Automotive | Insurance
    Court: Delaware Superior Court
    Judge:
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D67749

    Insurer's denial of coverage under an uninsured motorist policy provision was contrary to state law, which permitted injured passengers to recover for their injuries regardless of how many vehicles