The North River Insurance Company, Plaintiff Below, Appellant v. Mine Safety Appliances Company, Defendant Below…

Summary

The Supreme Court of Delaware affirmed the denial of North River's request for a permanent injunction barring MSA from assigning insurance rights to tort claimants. Although an injunction might reduce some future litigation, it could not eliminate the risk of inconsistent judgments because West Virginia tort claimants could proceed directly against North River, and the equities, comity concerns, and incomplete record supported the Court of Chancery's discretionary ruling. The Court also held that North River's challenge to the speculative nature of future direct claims was sufficiently preserved for appellate review.