Supreme Court of Delaware

Axis Reinsurance Company v. Hlth Corporation

May 10, 2010994 A.2d 744

Summary

The court held that the Prior Acts Exclusion unambiguously barred coverage for claims arising from the Singer Action because the Amend Retention endorsement addressed only retention amounts for otherwise covered claims and did not create coverage. The court also held that the Prior Notice Exclusion barred coverage under the Emdeon Tower because HLTH had previously reported related claims under earlier policies, and the towers did not provide concurrent coverage. The court affirmed the judgment concerning the Prior Notice Exclusion, reversed the denial of National Union's summary-judgment motion concerning the Prior Acts Exclusion, and remanded for entry of judgment for National Union.