Jonathan Strauss

Morris James LLP

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CCLD Finds Insurer’s Advancement Obligation Triggered Prior to Final Non-Appealable Damages Judgment

Ferrellgas Partners L.P v. Zurich American Insurance Company, C.A. No. N19C-05-275 MMJ CCLD (Del. Super. Aug. 20, 2020) - The Superior Court of Delaware, Complex Commercial Litigation Division recently expanded on its...more

10/15/2020 / Advancement , Attorney's Fees , D&O Insurance , Declaratory Judgments , Litigation Fees & Costs

Superior Court CCLD Denies Bad Faith Counterclaim Against Insurance Companies

Arch Insurance Co. v. Murdock, C.A. No. N16C-01-104 (EMD) (CCLD) (Del. Super. May 1, 2019). In this matter between Dole Food Company and its Insurers, Dole sought coverage under their D&O policies for two underlying cases...more

5/9/2019 / Acquisitions , Board of Directors , Complex Litigation , Covenant of Good Faith and Fair Dealing , Declaratory Judgments , Mergers , Shareholders

Superior Court CCLD Holds that Contract Defenses Can Be Applied to a Declaratory Judgment Action

Bobcat North America, LLC v. Inland Waste Holdings, LLC, C.A. No. N17C-06-170 (PRW) (CCLD) (Del. Super. Apr. 26, 2019). Under Delaware law, contract defenses can apply to a declaratory judgment action when the action is...more

5/8/2019 / Acquisitions , Declaratory Judgments , Motion for Summary Judgment , Standard of Review

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