Supreme Court of Delaware
In re Fairpoint Insurance Coverage Appeals
December 15, 2023
Summary
The Court held that the Litigation Trust’s state-law fraudulent-transfer claims were direct claims, not derivative claims, and therefore did not qualify as Securities Claims under the insurance policies. The policies’ references to derivative claims concerned claims arising under securities and corporate law, while the bankruptcy provisions preserved existing coverage without expanding it or creating new coverage based on bankruptcy law. The Court reversed the Superior Court’s judgment.