Supreme Court of Delaware
Corvel Corporation, Defendant Below-Appellant v. Homeland Insurance Company of New York, Plaintiff Below-Appellee
March 6, 20152015 Del. LEXIS 117
Summary
The Court held that CorVel's settlement payment was not a penalty under the Louisiana statute or the Homeland insurance policy's penalty exclusion. Applying comity, the Court adopted the Louisiana appellate court's interpretation of the statute as providing statutory damages rather than penalties, and therefore reversed the Superior Court's coverage ruling. The Court also held that CorVel's appeal was timely because the later order closing the case was the Superior Court's final order.