Supreme Court of Delaware

Dr. Henry T. Nicholas, Iii, William J. Ruehle, and Dr. Henry Samueli, Below v. National Union Fire Insurance Company…

December 20, 20132013 Del. LEXIS 632

Summary

The court held that the 2011 Settlement Agreement was reasonably susceptible to the Plaintiffs’ interpretation that it permitted their bad-faith and tort claims. Because the agreement was ambiguous, the parties’ intent could not be resolved on a motion to dismiss and required discovery concerning extrinsic evidence. The judgment dismissing the complaint was reversed and the matter was remanded for further proceedings.