Supreme Court of Delaware

In Re Viking Pump, Inc. and Warren Pumps, LLC Insurance Appeals

September 12, 20162016 Del. LEXIS 474

Summary

The Delaware Supreme Court upheld the assignment of Houdaille-era insurance rights to Viking and Warren and held that the 1980–1985 Liberty primary policies were exhausted. It affirmed some defense-cost rulings, reversed others based on the wording and consent provisions of particular excess policies, and held that asbestos-related bodily injury continues during each period of significant exposure and thereafter for trigger purposes. The court therefore rejected the Superior Court’s limitation of coverage to policies in effect only during significant exposure.