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....
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