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| Daily Underwriters of Am. v. Md. Auto. Ins. Fund, C.A. No.: 07C-08-208 RRC,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 31, 2008, Decided
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Overview: A Delaware court could not assert personal jurisdiction over an out of state insurance fund regarding an insurer's subrogation claim, based on the fund's insured's alleged tort, because no act of the fund triggered any provision of Delaware's long-arm statute, Del. Code Ann. tit. 10, ¿ 3104(c) and the fund had insufficient contacts with Delaware.
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| HLTH Corp. v. Agric. Excess & Surplus Ins. Co., C.A. No. 07C-09-102 RRC,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 31, 2008, Decided
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Overview: Insureds' were granted partial summary judgment to enforce insurers' duty to advance defense costs because allocation of costs prior to the final disposition of the underlying claim was not required. Because the insureds bought additional coverage, and all towers of coverage were triggered, they could collect payments in advance from any tower.
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| One River Place, LLC v. New Castle County Dep't of Fin., C.A. No. 07A-07-009 WCC,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 31, 2008, Decided
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Overview: A board of assessment review's denial of a taxpayer's request for a real estate tax exemption, based on a finding that the taxpayer did not seek the exemption within the required time after an assessment notice was mailed to it, was reversed because the notice concerned a parcel that was merged into another parcel, so the notice was of no effect.
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| Reid v. Hindt, C.A. No. 01C-10-046 (JTV),
SUPERIOR COURT OF DELAWARE, KENT, July 31, 2008, Decided
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Overview: Because an additur did not violate the constitutional right to a jury trial, because a plaintiff's expenses were not proximately related to her injuries, and because the denial of a new trial could be conditioned upon a defendant's acceptance of the additur, the plaintiff's Del. Super. Ct. R. Civ. P. 59(e) motion for reargument was denied.
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| State v. Hassan-El, ID No. 0107017049,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 31, 2008, Decided
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Overview: Defendant's postconviction relief request based on testimony of State's witness who denied having deal with State was procedurally barred under Del. Super. Ct. R. Crim. P. 61(i)(3) for failure to raise issue on direct appeal; however, defendant could not show prejudice, as the credibility of State's witness had been damaged, which helped defendant.
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