Vice Chancellor Sends Insurers’ Audit Dispute With Asbestos Trust To Trial
(January 12, 2018, 2:04 PM EST) -- WILMINGTON, Del. — Insurers’ rights to audit the T H Agriculture & Nutrition LLC (THAN) asbestos trust for evidence fraud must be decided at trial because the insurers and the trust put forth reasonable definitions of what those audit rights are, defeating summary judgment or dismissal, a Delaware state vice chancellor decided Jan. 11 (AIU Insurance Company, et al. v. Philips Electronics North America Corporation, et al., No. 9852, Del. Chanc.).