Supreme Court of Delaware
Ferrellgas Partners, L.P. v. Zurich American Insurance Company
June 10, 2024
Summary
The Court affirmed the Superior Court’s determination that Zurich had no duty to advance defense costs for the underlying Eddystone Litigation. It held that the policy’s Run-Off Exclusion unambiguously barred coverage for claims arising from wrongful acts occurring in whole or in part after June 24, 2015, and that the underlying complaint, read as a whole, sought relief for a February 2016 breach of contract. The Court also held that Ferrellgas’s appeal was timely because the Superior Court did not enter final judgment until May 10, 2023, when it dismissed the remaining count. No separate opinions were filed.