Delaware Insurance Law
 

Karl W. McIntosh v. Allied World Insurance Company

Wilmington, Delaware insurance law lawyers represented the Plaintiff who sued on a bad faith breach of insurance contract theory.

This case was filed in the Superior Court of DE, N22C-03-00087, and was removed to federal court by Allied World Insurance Company.

There are no statutory grounds for a bad faith cause of action in Delaware. Damages recoverable in a bad faith claim inc... More...
   $0 (04-15-2024 - DE)

Helena Dupont Wright, et al. v. Elton Corporation, et al.

Wilmington, DE labor law lawyers represented the Plaintiffs who sued the Defendants on an E.R.I.S.A. law theory.

"ERISA is a federal law enacted in 1974 that protects the interests of participants in private-sector employee benefit plans. These plans can include pension plans, health insurance plans, and life insurance plans. ERISA sets minimum standards for these plans and imposes certai... More...
   $1 (05-12-2023 - DE)

Daniel S. Samadi, M.D., P.C. and NJHAC, LLC v. Oxford Insurance Company LLC

Wilmington, Delaware insurance law lawyer represented Plaintiffs, Daniel S. Samadi, M.D., P.C. and NJHAC, LLC, which sued Oxford Insurance Company LLC on breach of insurance contract theories claiming to have suffered $75,000 in damages as a result of the breach.... More...    $0 (03-17-2021 - DE)

United States of America v. Mark Clark

Wilmington, DE - Bank fraud charge criminal defense lawyer represented Defendant, Mark Clark, 45, of Liberia, who was with one count of bank fraud.

Clark opened personal and business bank accounts at numerous financial institutions in his own name and in the name of other individuals, including his own deceased relatives, for the purpose of receiving fraudulently obtained wire transfers f... More...
   $0 (03-18-2021 - DE)

United States of America v. Tae H. Kim




Wilmington, DE - Former Banker Sentenced To 18 Months In Federal Prison For Fraud

District Judge Richard G. Andrews sentenced Tae Kim, age 49, of Wayne, Pennsylvania, to an 18-month prison sentence for bank fraud and conspiracy to commit bank fraud. The Court also ordered ... More...
   $0 (10-03-2019 - DE)

James R. Adams v. Governor of Delaware





James R. Adams is a resident and member of the State Bar of Delaware. For some time, he has expressed a desire to be considered for a judicial position in that state. Following the announcement of several judicial vacancies, Adams considered applying but ultimately chose not to... More...
   $0 (04-10-2019 - DE)

James R. Adams v. Governor of Delaware





James R. Adams is a resident and member of the State Bar of Delaware. For some time, he has expressed a desire to be considered for a judicial position in that state. Following the announcement of several judicial vacancies, Adams considered applying but ultimately chose not to beca... More...
   $0 (02-06-2019 - DE)

T Mobile Northeast, LLC v. City of Wilmington, Delaware






No one likes bad cell phone reception or slow streaming data on their smartphone, ... More...
   $0 (01-10-2019 - DE)

Marino v. Patriot Rail Company LLC

The facts are drawn from the affidavits and supporting documents that the parties
submitted in connection with their motions for summary judgment. The parties agreed in
their briefs and at oral argument that there were no disputes of material fact that would
affect the outcome. Pursuant to Court of Chancery Rule 56(h), the cross-motions
therefore became “the equivalent of a sti... More...
   $0 (03-01-2016 - DE)

State of Delaware v. Gillis

On April 14, 2014, Defendant Steven A. Gillis was indicted on the charges of
possession of a firearm by a person prohibited, possession of ammunition by a person
prohibited, driving a vehicle while license is suspended or revoked, and failure to wear a
seatbelt.
2. The events leading to the charges are as follows: On February 27, 2014,
Defendant’s vehicle was stopped for ... More...
   $0 (01-20-2016 - DE)

Glanden v. Quirk

Husband and Wife were married for twenty-two years. They separated in
September 2012, and their divorce became final in 2013. The couple had over $6
million in assets, including a $1.5 million house, investment accounts, retirement
accounts, and other property. Husband worked as an associate and then as a partner in a major law firm,
earning a substantial income. In May 2... More...
   $0 (12-07-2015 - DE)

Mary L. Rinnier v.Gracelawn Memorial Park Inc., et al

These are the facts as I find them after trial. The petitioner, Mary L. Rinnier
(―Ms. Rinnier‖), is the mother of Laura Bowdoin (―Mrs. Bowdoin‖). Mrs.
Bowdoin, who was married to the respondent, George Bowdoin (―Mr. Bowdoin‖),
died in Pasco County, Florida on June 19, 2008. Mr. and Mrs. Bowdoin had one
daughter, B., who was twelve at the t... More...
   $0 (11-24-2015 - DE)

Aaron Houseman and Nancy Houseman v. Eric S. Sagerman, et al.

In 1996, Nancy Houseman and her husband Aaron Houseman (together the
―Housemans‖) formed Med-Legal, Inc.,2 which they sold to Universata, Inc.
(―Universata,‖ or the ―Company‖) in 2006 for a seven-year stream of payments
totaling approximately $9 million.3 In 2009, after the Company had difficulty
making their payments, the Housemans and Uni... More...
   $0 (11-20-2015 - DE)

Doberstein v. G-P Industries, Inc.

Plaintiff, Anne L. Doberstein, is an individual who primarily works and resides in
Switzerland. Doberstein also owns a residence located at 103 East Pembrey Drive in
Wilmington, Delaware. In October 2012, Doberstein entered into a contract with G-P (the “Agreement”),
under which G-P agreed to serve as the general contractor on a significant home
renovation project at Doberstei... More...
   $0 (11-01-2015 - DE)

Finger Lakes Capital Partners, LLC v. Honeoye Lake Acquisition, LLC, et al

Plaintiff Finger Lakes Capital Partners, LLC (“Finger Lakes”) is a small and
struggling asset management firm. Over the course of a decade, Finger Lakes sponsored
investments in five portfolio companies. Each time, Finger Lakes formed a different
Delaware limited liability company as a special purpose vehicle for the investment.
Non-party Lyrical Partners, L.P. (“Lyrical”) is a... More...
   $0 (10-27-2015 - DE)

State Farm Mutual Automobile Insurance Co. v. Kelty

Because the facts are not in dispute and have been discussed in previous opinions
by this Court4 and the Superior Court,5 we need not recite them in detail. On August 3,
2008, Kelty was helping his mother-in-law, Shirley Lovegrove, and her husband, John
Lovegrove, trim tree branches on their property. Before Kelty, who was standing in the
tree, cleared a branch, he would fast... More...
   $0 (10-20-2015 - DE)

Quadrant Structured Products Company, Ltd. v. Vertin, et al.

A five-day trial took place on June 22-25 and 30, 2015. The parties submitted over
900 exhibits, called six fact witnesses and five expert witnesses, and lodged twenty-three
depositions. The following facts were proven by a preponderance of the evidence.
Quadrant principally challenged Athilon’s payments of allegedly excessive service and licensing fees to an affiliate of Merced, as... More...
   $0 (10-20-2015 - DE)

Lewis v. State Of Delaware

In July 2013, Lewis was indicted for Carrying a Concealed Deadly
Weapon (“CCDW”), Possession of Ammunition by a Person Prohibited,
Possession of a Firearm by a Person Prohibited (“PFBPP”), Receiving a Stolen
Firearm, Driving a Vehicle with a Suspended or Revoked License, No Proof of
Insurance, and Spinning Tires. These charges arose from a traffic stop. On
December 2, 20... More...
   $0 (10-13-2015 - DE)

Deutsche Bank National Trust Company v. Helene Hines, Jeffrey Hines, and George Edward Kennedy

The background of this case is lengthy and somewhat complicated. On June
7, 2004, Defendant Helene Hines conveyed real property located at 302 S. Ocean
Drive, South Bethany, Delaware (hereinafter “the Property”), to Villa Oceana,
LLC.4 Thereafter, by deed dated February 25, 2005, Villa Oceana, LLC conveyed
the Property to Defendants Jeffrey Hines and Helene Hines as tenants ... More...
   $0 (09-18-2015 - DE)

Dorothy Blansfield v. Alumni Association of Arizona State University, et al.

Plaintiff, Dorothy Blansfield, was a cousin of the decedent, John J. Egyed, Jr. (the
“Decedent”). Blansfield is one of the alternative residual beneficiaries designated by
Decedent in his last will and testament. Defendants, the Alumni Association of Arizona
State University (“Arizona State”), the Alumni Association of Temple University
(“Temple”), and the Roman Catholic Dioc... More...
   $0 (08-02-2015 - DE)

SHAUN ANDRIKOPOULOS and MICHAEL A. SANTER v. SILICON VALLEY INNOVATION COMPANY, LLC,

The main dispute between the parties is the narrow, but previously unanswered
legal question of whether, in the context of a receivership estate under Delaware law,
advancement claims are administrative expenses or unsecured creditor claims. If
Plaintiffs’ claims are entitled to some sort of priority, there is an even narrower sub-issue
of whether the Receiver’s salary and exp... More...
   $0 (07-30-2015 - de)

Fox v. CDX Holdings, Inc.

Caris Life Sciences, Inc. (―Caris‖ or the ―Company‖) was a privately held
Delaware corporation. Through subsidiaries, it operated three business units: Caris
Diagnostics, TargetNow, and Carisome.1 Caris Diagnostics was consistently profitable.
TargetNow generated revenue but not profits. Carisome was in the developmental stage.
To achieve the dual goals... More...
   $16260332 (07-28-2015 - DE)

City of Wilmington v. Fraternal Order of Police Lodge 1

Employers and employees typically agree on terms before work commences.
This common-sense custom did not prevail in the current dispute, which involves a
small bargaining unit of police captains and inspectors (the ―Bargaining Unit‖)
employed by the City of Wilmington (the ―City‖). Those individuals have been
working since mid-2010 without a contract. Negotiations between t... More...
   $0 (06-30-2015 - DE)

G. David Jang, M.D. v. Boston Scientific Scimed, Inc.

This appeal concerns a multimillion-dollar contract dispute over the distribution of profits from medical patents. In particular, it involves U.S. Patent No. 5,922,021 (“the ‘021 patent”), awarded to appellant G. David Jang for coronary stent technology. Jang, a doctor and inventor, sued Boston Scientific Corporation (“BSC”), the company to which Jang assigned his coronary stent patents,... More...    $0 (09-13-2013 - DE)

Henry Greg Hughes v. Sandra K. Peterson

The respondent-appellant, Henry Greg Hughes (“Mr. Hughes”), filed an appeal from the Family Court’s final judgment regarding attorney’s fees; its June 15, 2011 order dividing the marital property; and its May 12, 2010 order granting the motion of the petitioner-appellee, Sandra K. Peterson (“Ms. Peterson”), to rescind the parties’ separation agreement.2 We find no merit to any of the... More...    $0 (03-13-2012 - DE)

Doroshow, Pasquale, Krawitz & Bhaya v. Nanticoke Memorial Hospital, Inc.

Nanticoke Memorial Hospital filed a $160,958 hospital lien for the cost of Maria Acosta’s medical treatment resulting from a car accident on July 11, 2003. The law firm of Doroshow, Pasquale, Krawitz, & Bhaya represented Acosta in a personal injury claim against the tortfeasor who caused her injuries. Nationwide Assurance Company paid $19,671.49 to settle her claim. Nanticoke argues that its hos... More...    $0 (01-23-2012 - DE)

Richard Piotrowski v. Mao M. Ian

Richard Piotrowski sued Mao M. Ian on an auto negligence theory claiming to have been injured in a car wreck caused by Ian. Plaintiff also sued Allstate Insurance Company.... More...    $0 (12-01-2011 - DE)

Linda L. Thompson v. Christiana Care Health System

Linda Thompson appeals from a Superior Court judgment reversing the determination of the Unemployment Insurance Appeals Board that good cause existed for Thompson’s voluntary resignation and granting her unemployment benefits. Thompson contends that: (1) good cause existed for voluntarily terminating her employment, (2) she exhausted her administrative remedies, and (3) substantial evidence in t... More...    $0 (08-12-2011 - DE)

Patricia Price v. E.I. Dupont De Nemours & Co.

Patricia Price appeals from a Superior Court order denying her Motion to Amend her household asbestos exposure complaint as futile. Because the allegations in Price’s amended complaint amount to a claim against DuPont for nonfeasance, and the complaint does not allege any “special relationship” between Price and DuPont, her proposed amendments, if allowed, would be futile.

Therefore, ... More...
   $0 (07-11-2011 - DE)

Ilene Sivakoff v. Nationwide Mutual Insurance Company

(1) Plaintiff-Below/Appellant, Ilene Sivakoff, appeals from a Superior Court judgment, which granted the motion to dismiss of Defendant- Below/Appellee, Nationwide Mutual Insurance Co. (“Nationwide”), in this underinsured motorist (“UIM”) action. Sivakoff raises two arguments on appeal. First, Sivakoff contends that the Superior Court erred in concluding that the definition of an “underi... More...    $0 (05-16-2011 - DE)

Betty Bantum v. New Castle County Vo-Tech Education Association

Title 14, section 1056(h) of the Delaware Code provides that “[a]ny school board which permits the use of public school property for any use other than for public school use shall not be liable in tort for any damages by reason of negligence in the construction or maintenance of such property.” Plaintiff- Below/Appellant, Betty Bantum, allegedly suffered injuries when she slipped and fell on a... More...    $0 (05-18-2011 - DE)

Santosh Reddy, M.D. v. The PMA Insurance Company

The defendant-appellant, Dr. Santosh Reddy (“Dr. Reddy”), appeals from the final judgment that was entered by the Superior Court in favor of the plaintiffs-appellees, PMA Insurance Co. and CNA Insurance Co., as subrogees of Harbor Health Care and Rehabilitation Center, Inc. (collectively known as “Harbor Health”). Dr. Reddy raises two issues in this appeal. First, he contends that the Supe... More...    $0 (05-31-2011 - DE)

Robert Guzzetta v. Service Corporation of Westover Hills

In this appeal we consider whether the Court of Chancery abused its discretion in setting the amount of an injunction bond. A party that is wrongfully enjoined may recover damages resulting from the injunction, but that recovery is limited to the amount of the bond. Thus, in order to fully protect the enjoined party, the trial court should set the bond at a level likely to meet or exceed a reasona... More...    $0 (11-09-2010 - DE)

Rolando Rafael Castillo v. Clearwater Insurance Company

This is an action for underinsured benefits (“UIM”) brought by the plaintiff-appellant, Rolando Castillo (“Castillo”) against his insurance company, defendant-appellee, Clearwater Insurance Company (“Clearwater”). Castillo, a resident of the State of Delaware, purchased an insurance policy from Clearwater (the “Clearwater Policy”), a Delaware corporation authorized to sell insuranc... More...    $0 (11-22-2010 - DE)

Michelle Deuley v. Dyncorp Internationa Incorporate

In this appeal we consider whether a Superior Court judge erred by holding that under Delaware law the liability clause in civilian police officers’ employment contracts released claims arising out of injuries suffered in Afghanistan. The complainants contend that the liability clause and relevant language purporting to release “any claim” is insufficient to release their employer and its af... More...    $0 (12-08-2010 - DE)

Tolano Anderson v. Wachovia Mortgage Corporation

This case is brought by three African-American couples who, in 2004, purchased adjacent houses in a Dover, Delaware, community known as “Silver Lake.” Plaintiffs received mortgages from Wachovia Mortgage Corporation, but only after Wachovia imposed several conditions on the approvals of these mortgages. Plaintiffs allege that these conditions were racially motivated, and brought suit against W... More...    $0 (09-13-2010 - DE)

Mark Banaszak v. Progressive Direct Insurance Company

In this appeal, Mark Banaszak seeks reversal of a trial judge’s decision to grant in part and deny in part his motion for summary judgment. Banaszak contends that Progressive failed to offer him underinsured motorist coverage pursuant to 18 Del. C. §3902(b) and seeks to reform his insurance policy up to the $100,000 limit of his “liability” or bodily injury coverage (BI). He contends that t... More...    $0 (08-31-2010 - DE)

Marguerite F. Freeman v. X-Ray Associates, P.A. and Randall W. Ryan, M.D.

In this medical malpractice dispute, Marguerite F. Freeman appeals from a directed verdict granted in favor of Dr. Randall Ryan and X-Ray Associates, P.A. Freeman contends that 18 Del. C. § 6853 creates a presumption of negligence when a surgical procedure is performed on the wrong organ, which may be rebutted but only before a jury. In response, Dr. Ryan asserts that Freeman’s liver biopsy was... More...    $0 (07-22-2010 - DE)

Joseph Rapposelli v. State Farm Mutual Automobile Insurance Company

An underinsured driver struck Joseph Rapposelli’s vehicle with her vehicle. Rapposelli’s insurer, State Farm, rejected his offer to settle his claim for damages in excess of the bodily injury coverage provided by the admitted tortfeasor under Rapposelli’s underinsured motorist coverage. In the following tort action, a jury awarded compensatory damages in excess of the tortfeasor’s bodily i... More...    $0 (02-10-2010 - DE)

Joseph Rapposelli v. State Farm Mutual Automobile Insurance Company

An underinsured driver struck Joseph Rapposelli’s vehicle with her vehicle. Rapposelli’s insurer, State Farm, rejected his offer to settle his claim for damages in excess of the bodily injury coverage provided by the admitted tortfeasor under Rapposelli’s underinsured motorist coverage. In the following tort action, a jury awarded compensatory damages in excess of the tortfeasor’s bodily i... More...    $85000 (01-28-2010 - DE)

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Kent Morlan, Esq.
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