Delaware Supreme Court Rules on Excess Insurer’s Coverage Obligations — The Harvard Law School Forum on Corporate Governance

Small business need-to-know takeaway advisory.   Legal and insurance obligations

Excerpt:  ….. the Supreme Court of Delaware, applying California law, ruled that an excess insurer of Intel had no payment obligation even after Intel’s out-of-pocket defense costs, combined with Intel’s prior settlement with an underlying insurer, exceeded the underlying insurer’s policy limits — notwithstanding a provision in the excess insurer’s policy providing that coverage would apply when “the insured or the insured’s underlying insurance has paid or is obligated to pay the full amount” of the underlying insurer’s policy limits. Intel Corp. v. Am. Guar. & Liab. Ins. Co., et al., No. 692, 2011 (Del. Sept. 7, 2012).

This dispute arose from antitrust litigation that was brought against Intel and for which Intel sought reimbursement for defense costs from its insurers.

Read full article via Delaware Supreme Court Rules on Excess Insurer’s Coverage Obligations — The Harvard Law School Forum on Corporate Governance and Financial Regulation.

Advertisements

Comments Off on Delaware Supreme Court Rules on Excess Insurer’s Coverage Obligations — The Harvard Law School Forum on Corporate Governance

Filed under Legal, Licenses & Insurance, Small Business

Comments are closed.