Supreme Court of Delaware

Underwriters At Lloyds London v. Legion Partners Asset Management

December 2, 2020

Summary

The Supreme Court of Delaware refused to accept an interlocutory appeal from the Superior Court's ruling that an insurer had a duty to advance defense costs under a directors' and officers' liability policy. The Court held that the strict standards for interlocutory review were not met because the Superior Court had applied unambiguous policy language, no exceptional circumstances existed, and the benefits of immediate review did not outweigh the resulting inefficiency and costs.