Delaware Justices Doubtful Of Solar Co.'s Coverage Bid

By Daphne Zhang (January 19, 2022, 10:06 PM EST) -- The Delaware Supreme Court on Wednesday appeared skeptical as to whether the so-called fundamental identical standard applies to determining whether two underlying actions against a solar panel manufacturer allege the same facts and are therefore barred by a policy's related claims exclusion.

First Solar has asked the Delaware Supreme Court to enforce the fundamental identical standard to rule on whether two underlying claims allege the same facts. The essence of the coverage dispute revolves around whether a securities claim complaint against First Solar Inc. was part of one single insurance claim from an earlier class action, which brought the same allegations...

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