Supreme Court of Delaware
Motors Liquidation Co. DIP Lenders Trust v. Allstate Insurance Co.
July 10, 2018
Summary
The Supreme Court of Delaware affirmed summary judgment for the excess insurers in an insurance coverage dispute involving asbestos-related and environmental claims. Applying Michigan law to the pre-1972 policies, the Court upheld pro rata allocation rather than all-sums allocation, and it agreed that the post-1971 excess policies were not triggered because the underlying claims-made policies were not triggered. The Court also upheld judicial estoppel based on General Motors' prior representations concerning the post-1971 policies and did not reach the insurers' cross-appeal.