Supreme Court of Delaware

In re Alexion Pharmaceuticals, Inc. Insurance Appeals

February 4, 2025

Summary

The Court held that the securities class action was meaningfully linked to wrongful acts disclosed in Alexion's earlier notice to its first-tier insurers. Because the later action arose out of the noticed wrongful acts, the policy deemed it first made during the first tower's coverage period, and the second tower's prior-notice exclusion barred coverage. The Court reversed the Superior Court's contrary summary-judgment ruling.