New DUFTA Claims Dismissed In Fraudulent Transfer Suit Against LTC Insurer

Mealey's (May 11, 2022, 12:45 PM EDT) -- WILMINGTON, Del. — Ruling that “a ‘right to payment’ is a necessary predicate to a viable” claim under the Delaware Uniform Fraudulent Transfer Act (DUFTA) and that the plaintiffs did not plead that right in three new counts, a Delaware vice chancellor on May 10 granted partial dismissal in a putative class suit alleging fraudulent transfers from an insurance subsidiary that more than 1 million policyholders depend on for long-term care (LTC) insurance disability benefits....