Supreme Court of Delaware

Stonewall Insurance Company, Defendant/appellant/cross-Appellee v. E.i. Du Pont De Nemours & Co…

June 3, 20102010 Del. LEXIS 260

Summary

The court affirmed the rulings that the defective product constituted a single occurrence and that the policies' non-cumulation clause reduced Stonewall's liability only for the portion of loss covered by prior excess insurance. It held that prejudgment interest accrued from DuPont's specific demand for payment, rather than from the filing of the complaint, and remanded for recalculation. The court applied de novo review to the summary judgment rulings and plenary review to the interest accrual date.