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Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, review a recent decision in the Superior Court of Delaware that addresses whether a third party may bring a direct action...
Barry Klayman and Mark Felger, writing in the Delaware
Business Court Insider, review a recent decision in the
Superior Court of Delaware that addresses whether a third party may
bring a direct action against an insurer for coverage on a theory
of subrogation when equitable subrogation does not apply and the
right cannot be traced to a statute or contract. The vice
chancellor, sitting by designation in Superior Court, found the law
to be uncertain, but determined it was unnecessary to clarify the
law because the plaintiffs could not satisfy the requirements for
subrogation to apply.
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