The Supreme Court of Delaware affirmed a trial court decision holding that a “run-off exclusion” in a management and company liability policy absolved an insurer of the obligation to advance defense costs. Ferrellgas Partners...more
We begin with three state supreme court decisions answering these questions: • A year before an insured bought its claims-made policy it received an attorney’s letter threatening mass tort litigation. The first suits were...more
The Supreme Court of Delaware has held that a letter received by an insured from an attorney purporting to represent unidentified plaintiffs and forecasting future litigation did not constitute a “claim for damages” under a...more
In a significant and likely influential decision, the Delaware Supreme Court recently reversed a lower court decision and held that the insured's intent—not that of the victim—controls whether or not bodily injury is an...more