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Top Developments – November 2022

SPOTLIGHT: Third Circuit Court of Appeals Affirms No Coverage for Sex Trafficking Claims - In Nautilus Insurance Co. v. Motel Management Services Inc., the Court of Appeals granted a motion for judgment on the pleadings...more

Delaware Superior Court Finds Pollution Exclusion Precludes Coverage for COVID-Related Claims

LEAVES DOOR OPEN ON WHETHER THE PRESENCE OF COVID-19 VIRIONS IS DIRECT PHYSICAL LOSS OR DAMAGE - The Delaware Superior Court recently dismissed an amusement park operator’s bid for property damage insurance coverage for...more

Delaware Chancery Court Denies Patient Request for Injunction Forcing Hospital to Treat COVID-19 with Ivermectin

The nationally watched Delaware Court of Chancery, last week in a precedential decision issued in DeMarco v. Christiana Care Health Services, Inc., denied a petition for a mandatory injunction filed by the wife of an ICU...more

To Combat COVID-19, Delaware Opens Its Doors to Out-of-State and Retired Healthcare Providers (and Limits Their Liability, Too)

Delaware has issued two emergency orders which allow the State broad powers to ease licensing burdens and re-allocate healthcare resources in the midst of the COVID-19 pandemic. These orders stem from the Delaware Emergency...more

$500,000 Punitive Damages Award in Bad Faith Action Shocks Delaware Court’s Conscience and Justifies New Trial on Liability and...

The Delaware Superior Court in Powell v. AmGuard Insurance Company, C.A. No. K17C-11-003 JJC, 2020 Del. Super. LEXIS 109 (Del. Super. Ct. Mar. 2, 2020) (Clark, J.) recently held that a jury’s $500,000 punitive damages award...more

Delaware Court Rejects Contract Liability Theory in Medical Negligence Case

In Sipple v. Connections Community Support Programs, Inc., the Delaware Superior Court rejected a breach of contract claim filed by a former prison inmate who claimed that he received substandard medical care while...more

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