REBUTTAL: Del. Court Rejects Defense Cost Coverage Claims

By Laura McKay, Hinkhouse Williams Walsh LLP (November 28, 2016, 5:25 PM EST) -- The Supreme Court of Delaware soundly rejected another attempt by a policyholder to obtain coverage neither provided under excess policies nor paid for by the insured.[1] In their Oct. 5, 2016 commentary, "Delaware Deals a Blow to Insurers' Delay Tactics," counsel for Warren Pumps LLC reduces legally and factually complex anti-assignment and trigger issues to "delay tactics,"[2] while ignoring the Delaware Supreme Court's rejection of Warren's attempt to obtain defense costs coverage to which it is not, and never was, entitled. The Sept. 12, 2016 Viking Pump decision resolved certain of the defendant insurers' valid coverage defenses in favor of the policyholders, but it also found in favor of certain excess insurers on the equally important, and financially significant, defense cost obligations at issue....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!