Supreme Court of Delaware

In Re Viking Pump, Inc. and

June 10, 2015

Summary

The Delaware Supreme Court certified two unsettled questions of New York insurance law to the New York Court of Appeals. The questions concern whether losses under policies containing non-cumulation and prior-insurance provisions should be allocated on an all-sums or pro-rata basis, and whether vertical or horizontal exhaustion governs access to excess coverage. The court stayed further action pending the New York Court of Appeals’ response.