Delaware High Court Denies D&O Insurer’s Interlocutory Appeal Of Coverage Suit

(December 3, 2020, 1:08 PM EST) -- WILMINGTON, Del. — The Delaware Supreme Court on Dec. 2 refused a directors and officers liability insurer’s request for an interlocutory review of a lower court’s finding that it has a duty to advance underlying defense costs to its insured, finding that “exceptional circumstances” that would warrant interlocutory review fail to exist and “the potential benefits of interlocutory review do not outweigh the inefficiency, disruption, and probable costs caused by an interlocutory appeal” (Underwriters at Lloyds London v. Legion Partners Asset Management, LLC, No. 398, 2020, Del. Sup., 2020 Del. LEXIS 396)....

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