Alerts8.13.24
No Action Clause in D&O Policy Does Not Bar Insureds From Seeking Declaratory Relief on Duty to Defend, Says Delaware Court
Highlights
Delaware’s recent Origis ruling does not bar an insured from bringing a declaratory relief action on a duty to defend
Delaware Superior Court judge held that a standard no action clause does not preclude suits by insureds against insurers for declaratory relief
Insureds in Delaware continue to have meaningful recourse against insurers who wrongfully deny coverage under a liability policy
A recent decision from the Delaware Superior Court, Commercial Division, brings good news for Delaware insureds seeking to enforce an insurer’s contractual defense obligations under a liability policy.
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