Slights Addresses Third-Party Direct Actions by Judgment Holders Against an Insurer
May a third party bring a direct action against an insurer for coverage on a theory of subrogation when equitable subrogation does not apply and the right cannot be traced to a statute or contract?
March 30, 2022 at 09:00 AM
8 minute read
Corporate EntitiesMay a third party bring a direct action against an insurer for coverage on a theory of subrogation when equitable subrogation does not apply and the right cannot be traced to a statute or contract? Vice Chancellor Joseph Slights, sitting by designation as a Superior Court judge, considered the question in Rodriguez v. Great American Insurance, C.A. No. N21C-11-051 JRS, 2022 WL 591762 (Del. Super. Feb. 23, 2022), found the answer to be unclear, but determined in the end that he did not need to tackle the "difficult task" of resolving the question.
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