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Insurance Industry › Delaware › Insurance Litigation

Wiley Rein LLP

SEC Tolling Request Not a Securities Claim Against Insured Company Under D&O Policy

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A Delaware Superior Court, applying Delaware law, has held that the United States Securities and Exchange Commission’s (“SEC”) request to toll the statute of limitations did not constitute a “Securities Claim” under a D&O...more

Rivkin Radler LLP

March 2025 Insurance Update

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In this month’s update, we discuss cases involving related wrongful acts, wildfires, concealment of a weapon, concealment of climate risks, and road rage. We begin in Delaware, where the state’s high court determines...more

Wiley Rein LLP

Supreme Court of Delaware Reverses Lower Court’s Ruling, Clarifies “Relatedness” Standard

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The Supreme Court of Delaware, applying Delaware’s “meaningful linkage” standard, has held that wrongful acts alleged in a securities class action were meaningfully linked to wrongful acts alleged by the SEC, such that the...more

McCarter & English, LLP

Delaware Court Holds Settlement of Underlying Securities Litigation Is Covered Under D&O Policy, Rejecting Insurers’ Assertion of...

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A Delaware court recently found for the policyholders in determining that a directors and officers (D&O) liability policy covered the settlement of an underlying action alleging violations of the Securities Exchange Act of...more

Marshall Dennehey

Delaware Superior Court Decision Imparts Lessons for Insurance Agents and Brokers Regarding Policy Exclusions and Language

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In June 2024, the Delaware Superior Court granted a motion for summary judgment, requiring an insurance company to defend and indemnify the plaintiff in regard to underlying litigation. In doing so, the court issued a...more

Wiley Rein LLP

Delaware Federal Court Clarifies No Coverage Available for Director and Officer Sued in Capacity as Controlling Stockholder

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The United States District Court for the District of Delaware, applying Delaware law, has held that, because coverage was not available under a directors and officers liability policy for a claim against a director and...more

Wiley Rein LLP

Delaware Superior Court Holds that Appraisal Actions Not Securities Claim “For a Wrongful Act”

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In a victory for Wiley’s client, Judge Abigail LeGrow of the Delaware Superior Court has held that an appraisal action did not constitute a claim “for a Wrongful Act” as required by a D&O policy. Jarden, LLC v. ACE Am. Ins....more

Wiley Rein LLP

Delaware Trial Court Holds that Fraudulent Transfer Claim by Bankruptcy Trustee is a “Securities Claim”

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Applying Delaware law, the Delaware Superior Court has held that a bankruptcy trustee’s fraudulent transfer claim constitutes a “Securities Claim” under a D&O policy. Verizon Commc’ns Inc. v. Nat’l Union Fire Ins. Co. of...more

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