Delaware High Court Affirms Dismissal Of Appraisal Coverage Dispute Following Merger

Mealey's (March 4, 2022, 12:08 PM EST) -- DOVER, Del. — The Delaware Supreme Court on March 3 affirmed a lower court’s dismissal of an insured’s breach of contract lawsuit seeking directors and officers liability coverage for defense costs and pre- and post-judgment interest incurred from an appraisal proceeding filed by dissenting stockholders following a corporate merger, refusing to disturb the lower court’s 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.”...