HNRK Coverage Corner

This week at the Coverage Corner, we return with an update on a Delaware case about which we’ve written previously.  In Origis USA LLC v. Great Am. Ins. Co., Case No. N23C-07-102, the Delaware Superior Court held that because the primary policy had a “No Action” clause, the insureds’ suit against their D&O insurers for advancement of defense costs was premature as long as the underlying litigation was ongoing.  We wrote about that decision here.

In July, the Delaware Supreme Court remanded the case for further consideration in light of what it said were arguments from the parties ...

In this edition of Hoguet Newman’s Coverage Corner Blog, we look at a recent case from New York’s Appellate Division that considered a situation where an insured settled litigation with plaintiffs by assigning them its right to sue its insurers—and, specifically, whether the insured was “released” by the settlement such that any indemnification obligation was extinguished.   The case, Geiger v Hudson Excess Insurance Co., also considered whether an establishment serving food and drinks misrepresented the true nature of its business when it applied for insurance. 

By ...