Del. Judge Says Insurer Did Not Fulfill Duty To Defend Insured For Asbestos Suits
(September 6, 2016, 12:08 PM EDT) -- WILMINGTON, Del. — A Delaware state judge on Aug. 19 granted an insured’s motion for summary judgment after determining that the insurer did not fulfill its duty to defend the insured against underlying asbestos suits because the insurer did not follow applicable Wisconsin law in contesting its duty to defend (CNH Industrial America LLC v. American Casualty Company of Pennsylvania, et al., No. N12C-07-108, Del. Super., New Castle Co.; 2016 Del. Super. LEXIS 418).