Del. Judge Denies Insurers’ Motion To Dismiss, Says Delaware Suit Was 1st Filed
Mealey's (September 22, 2015, 11:31 AM EDT) -- WILMINGTON, Del. — Because an insured’s suit seeking coverage for environmental contamination claims was filed before the insurers filed two suits in New York state court, a Delaware state judge on Aug. 26 denied the insurers’ motion to dismiss or to stay the case in favor of the New York suits (Chemtura Corp. v. Certain Underwriters at CCLC Lloyd’s, et al., No. N14C-12-210, Del. Super., New Castle Co.; 2015 Del. Super. LEXIS 482).
(Opinion available. Document #03-150923-007Z.)
Chemtura filed suit in the New Castle County, Del.,...