The Complex Insurance Coverage Reporter

CLAIMS-MADE COVERAGE

Zurich Am. Ins. Co. v. Syngenta Crop Prot. LLC, 2024 Del. LEXIS 68 (Del. Feb. 26, 2024)

Delaware Supreme Court concludes that a letter from a lawyer informing an insured of possible lawsuits without identifying potential plaintiffs or demanding payment is not a “claim for damages” within the meaning of claims-made CGL and umbrella liability policies. Citing case law from Delaware and other jurisdictions, it reasoned that, in the ordinary sense, a “claim for damages” (which the policies did not define) is “a demand or request for monetary relief by ... Continue Reading

The United States Supreme Court agreed today to review a Fourth Circuit decision that denied an insurer standing to object to an asbestos producer’s Chapter 11 reorganization plan, on the basis that the insurer’s interests were not affected by the plan. The case provides the high court with an opportunity to resolve a recurring issue in mass tort bankruptcies which has split the circuits.

The appeal arises out of the Chapter 11 case of Kaiser Gypsum, filed in North Carolina. Kaiser Gypsum’s plan proposed that an asbestos claim trust would be assigned the debtor’s rights ... Continue Reading