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HNRK Coverage Corner

Posts from May 2024.
Posted in D&O Policies

On May 9, 2024, Judge Rennie of the Delaware Superior Court issued a decision in Origis USA LLC v. Great Am. Ins. Co., Case No. N23C-07-102, holding that an insured’s coverage action against its D&O insurers was premature in light of the policy’s “No Action” clause.

The insured’s primary policy (to which three excess insurers followed form) states:

With respect to any Liability Coverage Part, no action shall be taken against the Insurer unless, as a condition precedent thereto, there has been full compliance with all the terms of this Policy, and until the Insured’s

As policyholder counsel, we’re predisposed to look at insurers with a jaundiced eye. So, we were pleased to read reports that Chubb—the insurer for Baltimore’s Francis Scott Key Bridge, which collapsed on March 26—is preparing to make a prompt $350 million payment to the State of Maryland.

Where coverage and a loss far exceeding the coverage limits are clear, there is no good faith reason to delay payment.  Good to see an insurer doing the right thing.

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