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Publication Date: 2023-04-04
Practice Area: Insurance Law
Industry: Financial Services and Banking | Insurance | Investments and Investment Advisory
Court: Delaware Supreme Court
Judge: Justice Traynor
Attorneys: For plaintiff: Kevin G. Abrams, John M. Seaman, Samuel D. Cordle, Abrams & Bayliss LLP, Wilmington, DE; Harry S. Davis, Robert E. Griffin, Schulte Roth & Zabel LLP, New York, NY for appellant.
for defendant: Gregory F. Fischer, Cozen O’Connor, Wilmington, DE; Joseph M. Kelleher, Brian D. Burack, Cozen O’Connor, Philadelphia, PA for appellee.
Case Number: N18C-07-289
Courts had to conduct fault-based analysis evaluating the parties' knowledge or inquiry notice of the illegality of life insurance policies ultimately deemed to be stranger originated life insurance policies when determining whether to order disgorgement of paid premiums or allow the insurer to retain the premiums.
Publication Date: 2023-04-04
Practice Area: Insurance Law
Industry: Construction | Insurance
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: R. Joseph Hrubiec, McGivney, Kluger, Clark & Intoccia, P.C., Wilmington, DE; April T. Villaverde, Hinshaw & Culbertson LLP, Edison, NJ for plaintiff.
for defendant: Danielle K. Yearick, Tybout, Redfearn & Pell, Wilmington, DE for defendant.
Case Number: 1:20-cv-01685-SB
Where injured worker's complaint supported inference that he was either working for defendant as an employee or subcontractor, plaintiff insurer owed no duty to provide coverage to defendant for the worker's injury lawsuit pursuant to the policy's employee/subcontractor exclusions.
Publication Date: 2023-03-14
Practice Area: Insurance Law
Industry: Insurance | Real Estate
Court: Delaware Superior Court
Judge: Judge Johnston
Attorneys: For plaintiff: Benjamin P. Chapple, Reed Smith LLP, Wilmington, DE; Nicholas M. Insua, Princeton, NJ for plaintiff.
for defendant: Curtis J. Crowther, Robinson & Cole LLP, Wilmington, DE; Gregory P. Varga, Jonathan E. Small, Robinson & Cole LLP, Hartford, CT for defendant.
Case Number: N22C-03-147 MMJ CCLD
Court lacked personal jurisdiction over New York insurer which had issued policy through a New York broker to insure property located in New York City.
Publication Date: 2023-02-28
Practice Area: Insurance Law
Industry: Insurance | Investments and Investment Advisory
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: Donald L. Gouge, Donald L. Gouge, Jr., LLC, Wilmington, DE; Michael J. Miller, Joseph M. Kelleher, Charles J. Vinicombe, Phillip J. Farinella, Cozen O’Connor, Philadelphia, PA for plaintiff.
for defendant: Steven L. Caponi, Matthew B. Goeller, K&L Gates LLP, Wilmington, DE; Steven Sklaver, Krysta Kauble Pachman, Susman Godfrey LLP, Los Angeles, CA; Ari Ruben, Susman Godfrey LLP, New York, NY for defendants.
Case Number: N19C-11-175-PRW CCLD
Court declined summary judgment on fraud claims arising from stranger-originated life insurance policies as the parties had genuine factual disputes over whether each acted knowingly or recklessly in maintaining the policies despite having knowledge or inquiry notice as to the void nature of the insurance policies.
Publication Date: 2023-02-14
Practice Area: Insurance Law
Industry: Hospitality and Lodging | Insurance | Real Estate
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Lisa C. McLaughlin, Todd L. Goodman, Phillips Mclaughlin & Hall, P.A., Wilmington, DE for plaintiff.
for defendant: Brian T. McNelis, Young & McNellis, Dover, DE for defendant.
Case Number: N21C-06-006 CEB
The court granted defendant's motion for summary judgment finding that plaintiff insurer could not bring a subrogation claim against defendant renter whose rent payments contributed to the apartment complex's insurance premium.
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Publication Date: 2023-01-24
Practice Area: Insurance Law
Industry: Consulting | Insurance | Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Laster
Attorneys: For plaintiff: Brett D. Fallon, Faegre Drinker Biddle & Reath LLP, Wilmington, DE; Warren E. Gluck, Richard A. Bixter, Jr., Holland & Knight LLP, New York, NY for plaintiffs.
for defendant: R. Craig Martin, Amy Evans, DLA Piper LLP (US), Wilmington, DE; Ellen E. Dew, DLA Piper LLP (US), Baltimore, MD; Aidan M. McCormack, R. Brian Seibert, Steven M. Rosato, DLA Piper LLP (US), New York, NY for defendants.
Case Number: 2019-0431-JTL
Litigation against distressed insurer stayed in favor of ongoing rehabilitation proceedings in another state, but basis for stay did not apply to insurer's separate, wholly-owned management consultant company.
Publication Date: 2022-12-20
Practice Area: Insurance Law
Industry: Insurance
Court: Delaware Superior Court
Judge: Justice Primos
Attorneys: For plaintiff: Nicholas H. Rodriguez, Schmittinger & Rodriguez, P.A., Dover, DE for plaintiffs.
for defendant: Krista E. Shevlin, Weber Gallagher Simpson Stapleton Fires & Newby LLP, New Castle, DE for defendant.
Case Number: K22C-07-005 NEP
Uninsured motorist coverage did not apply in an accident caused by a horse-drawn buggy, since it was not a "motor vehicle" as it was not self-propelled by an internal combustion engine.
Publication Date: 2022-11-22
Practice Area: Insurance Law
Industry: Insurance
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Donald L. Gouge, Jr., Donald L. Gouge, Jr., LLC, Wilmington, DE; Joseph M. Kelleher, Cozen O’Connor, Philadelphia, PA for plaintiff.
for defendant: David P. Primack, McElroy, Deutsch, Mulvaney & Carpenter, LLP, Wilmington, DE; Eric A. Biderman, James M. Westerlind, Julius A. Rousseau Arent Fox LLP, New York, NY for defendant.
Case Number: N20C-05-144 EMD CCLD
The court granted plaintiff estate's motion for summary judgment on the grounds that defendant corporation was not entitled to collect decedent's life insurance proceeds because under 18 Del. C. §2704, the insurance policy was void due to lack of an insurable interest.
Publication Date: 2022-11-01
Practice Area: Insurance Law
Industry: Insurance
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Daniel R. Miller, Donald L. Gouge, Jr., Daniel A. Cohen, Jim Walden, Tricia R. Lyons, Walden Macht & Haran LLP, Philadelphia, PA for plaintiff.
for defendant: Megan Ward Cascio, Sabrina M. Hendershot, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE; Julius A. Rousseau, III, Andrew Dykens, ArentFox Schiff LLP, New York, NY for defendant.
Case Number: 1:18-cv-02002-SB
Estate could recover death benefit from a stranger-oriented life insurance policy taken out on the life of decedent where the policy was funded by a non-recourse loan, decedent had no need for life insurance and procured the policy as a wagering contract, and the recipient of the benefit was knowingly involved in the fraud to procure the policy.
Publication Date: 2022-09-13
Practice Area: Insurance Law
Industry: Insurance | Manufacturing
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge McKee
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1947
Insurer was not required by Delaware law to demonstrate prejudice in denying untimely claim for coverage under claims-made policy that lacked express language extending coverage to any claims that were reported during renewal terms.
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