Delaware Judge Dismisses Coverage Suit Over Appraisal Proceeding Following Merger

(August 3, 2021, 2:08 PM EDT) -- NEW CASTLE, Del. — A Delaware judge on July 30 granted primary and excess directors and officers liability insurers’ motion to dismiss an insured’s breach of contract lawsuit seeking coverage for defense costs and pre- and post-judgment interest incurred from an appraisal proceeding filed by dissenting stockholders following a corporate merger, finding that “an appraisal action is a statutory proceeding that does not seek redress in response to any corporate act” and “even if an appraisal action does arise from or seek redress for a corporate act, that act necessarily is the merger’s effectuation, which did not occur before the Run-Off Date.”...