Posts tagged Delaware.
D&O Policy’s Professional Services Exclusion Does not Bar Coverage for False Claims Act Settlement
D&O Policy’s Professional Services Exclusion Does not Bar Coverage for False Claims Act Settlement
Insurers Owe Coverage for Settlement Despite Bump-Up Provision
Insurers Owe Coverage for Settlement Despite Bump-Up Provision
Insurers’ Counterclaims Based on Interrelated Wrongful Acts and Pending and Prior Litigation Exclusions Survive Motion to Dismiss
Insurers’ Counterclaims Based on Interrelated Wrongful Acts and Pending and Prior Litigation Exclusions Survive Motion to Dismiss
Summary Judgment Denied Where Determinations of Fact Necessary to Apply Continuous Cover and Innocent Non-Disclosure Provisions
Summary Judgment Denied Where Determinations of Fact Necessary to Apply Continuous Cover and Innocent Non-Disclosure Provisions
Delaware Law Applies to Coverage Dispute over Stockholder Appraisal Action
Delaware Law Applies to Coverage Dispute over Stockholder Appraisal Action
Third Circuit Holds No Showing of Prejudice Required Under Delaware Law to Enforce Late Notice Provision in Claims-Made Policy
Third Circuit Holds No Showing of Prejudice Required Under Delaware Law to Enforce Late Notice Provision in Claims-Made Policy
Delaware Federal Court: No Coverage Under D&O Policy For Claims Based On Acts Alleged To Have Occurred Prior To Insured Entity’s Formation
Delaware Federal Court: No Coverage Under D&O Policy For Claims Based On Acts Alleged To Have Occurred Prior To Insured Entity’s Formation
Court Declines to Dismiss Coverage Litigation Based on Potential Applicability of Prior Notice Exclusion
Court Declines to Dismiss Coverage Litigation Based on Potential Applicability of Prior Notice Exclusion
Delaware Superior Court Reaffirms That Appraisal Action Is Not A Claim For A Wrongful Act Under D&O Policy
Delaware Superior Court Reaffirms That Appraisal Action Is Not A Claim For A Wrongful Act Under D&O Policy
Delaware Supreme Court Affirms Decision Below in Favor of Insurers, Holds “Relatedness” is Determined By Policy Language and Not “Generic Fundamentally Identical Standard”
Delaware Supreme Court Affirms Decision Below in Favor of Insurers, Holds “Relatedness” is Determined By Policy Language and Not “Generic Fundamentally Identical Standard”
Delaware Federal Court Clarifies No Coverage Available for Director and Officer Sued in Capacity as Controlling Stockholder
Delaware Federal Court Clarifies No Coverage Available for Director and Officer Sued in Capacity as Controlling Stockholder
Delaware Superior Court Holds that Appraisal Actions Not Securities Claim “For a Wrongful Act”  
Delaware Superior Court Holds that Appraisal Actions Not Securities Claim “For a Wrongful Act”  
Delaware Superior Court Holds Opt-Out Case is “Fundamentally Identical” to Original Securities Class Action First Made Before Policy Period
Delaware Superior Court Holds Opt-Out Case is “Fundamentally Identical” to Original Securities Class Action First Made Before Policy Period
Alleged Breach of Fiduciary Duty Not a “Securities Claim”
Alleged Breach of Fiduciary Duty Not a “Securities Claim”
Delaware Trial Court Holds that Fraudulent Transfer Claim by Bankruptcy Trustee is a “Securities Claim”
Delaware Trial Court Holds that Fraudulent Transfer Claim by Bankruptcy Trustee is a “Securities Claim”
Delaware Supreme Court Applies Delaware Law in D&O Coverage Dispute Involving California Company Incorporated in Delaware
Delaware Supreme Court Applies Delaware Law in D&O Coverage Dispute Involving California Company Incorporated in Delaware
Under “Law Most Favorable” Provision, Delaware Law Applies and Does Not Prohibit Coverage for Settlement of Alleged Ill-Gotten Gains
Under “Law Most Favorable” Provision, Delaware Law Applies and Does Not Prohibit Coverage for Settlement of Alleged Ill-Gotten Gains
Coverage for Stockholder Suits Not Barred By Prior Acts Exclusion or Bump-Up Provision
Coverage for Stockholder Suits Not Barred By Prior Acts Exclusion or Bump-Up Provision
Delaware Supreme Court Holds that Appraisal Proceeding is not a “Securities Claim”
Delaware Supreme Court Holds that Appraisal Proceeding is not a “Securities Claim”
Texas Court Holds “Instrumental Act” in Appraisal Litigation is Execution of Merger
Texas Court Holds “Instrumental Act” in Appraisal Litigation is Execution of Merger
Negligent Failure to Supervise Claim Barred by Misappropriation of Trade Secrets Exclusion
Negligent Failure to Supervise Claim Barred by Misappropriation of Trade Secrets Exclusion
Delaware Supreme Court Reverses Chancery Court; Concludes Federal Forum Selection Provisions Enforceable For 1933 Act Claims
Delaware Supreme Court Reverses Chancery Court; Concludes Federal Forum Selection Provisions Enforceable For 1933 Act Claims
Delaware Adopts Larger Settlement Rule
Delaware Adopts Larger Settlement Rule
Delaware Supreme Court Holds Trustee Action Alleging Breach of Fiduciary Duty, Unlawful Dividend, and Fraudulent Transfer Is Not a “Securities Claim”
Third Circuit Finds Major Shareholder Exclusion Ambiguous as Applied to Company Acquiring All of Insured’s Stock after Policy Period
Dole Insurers Did Not Act in Bad Faith
Delaware Chancery Court Rules Federal Forum Selection Clause in Corporate Charter Unenforceable
Statute of Limitations Period Begins When Insured Can Plead Prima Facie Elements of Bad Faith Case
“Capacity” Exclusion Bars Coverage for Two Directors for Claims of Wrongdoing and Fiduciary Breaches Outside Their Insured Capacity
Delaware Supreme Court Holds Texas Law Applies to Comprehensive Insurance Program Issued to a Texas Corporation and Its Subsidiaries
Court Holds Prior Acts Exclusion Bars Coverage for Securities Lawsuit
Computer Fraud Claim Triggers Insurer’s Duty to Pay Defense Costs Despite “Gravamen” of Litigation Involving Excluded Misappropriation Claims
No Legal Fees for M&A Objector Where Transaction Resulted in Loss of Standing to Object
No Second Bite for Derivative Plaintiffs: Delaware Supreme Court Rebuffs Invitation to Undermine Preclusive Effect of Prior Unsuccessful Derivative Action
No Coverage for $3.5 Million in Pre-Notice Defense Expenses Where Notice Was a Year Late
Inviting a Second Bite at the Apple: Delaware Chancery Court Suggests New Approach to Evaluating Preclusive Effect of Prior Unsuccessful Derivative Litigation
Specific Litigation Exclusion Bars Coverage When Claim Arises “At Least in Part” From Excluded Litigation
No “Final Adjudication” Where Parties Settled After Court Issued Opinion But Prior to Judgment
Settlement of Class Actions for Allegedly Withheld Profits Not Disgorgement
Absent Prejudice, Untimely Notice Does Not Preclude Coverage if Notice Provided During Renewal Policy Period
Insured v. Insured Exclusion, Allocation Do Not Apply to Related Claims
Wiley Executive Summary

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