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| Acierno v. Goldstein, Civil Action No. 20056-NC,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, November 16, 2005, Decided , November 16, 2005, Filed
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Overview: In dispute over landowners' access to parcel of property entirely surrounded by shopping mall owner's property, percentage of attorney fees were awarded under Del. Code Ann. tit. 10, § 5106, to cover owner's bad faith pursuit of adverse possession claim; owner's interference with express easement required creation of access easement by necessity.
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| Harleysville Ins. Co. v. Church Ins. Co., No. 221, 2005,
SUPREME COURT OF DELAWARE, November 16, 2005, Decided
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Overview: By not determining its insured's rights under a general liability insurer's policy, and by conducting the pre-trial defense of its insured, a second insurer waived its insured's right to a defense by the general liability insurer.
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| Vesta Ins. Group, Inc. v. Newcastle Ptnrs., L.P., No. 562, 2005,
SUPREME COURT OF DELAWARE, November 16, 2005, Submitted , November 16, 2005, Decided
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| Green v. House of Wright Mortuary, Inc., C.A. No. 02C-11-242 MMJ,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, November 17, 2005, Decided
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Overview: Motion for summary judgment by a former manager of a cemetery was granted as to claims arising from the improper burial of a decedent, because the manager was immune pursuant to the Delaware Volunteer Immunity Statute, Del. Code Ann. tit. 10, § 8133(b), as he was never compensated for his services.
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| Homestore, Inc. v. Tafeen, No. 233, 2005,
SUPREME COURT OF DELAWARE, November 17, 2005, Decided
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Overview: A corporation was liable to a former officer for advancement as statutorily permitted under Del. Code Ann. tit. 8, § 145(e) since the corporation's bylaws provided the maximum possible protection against personal liability for an officer and its allegations that the former officer wasted and/or concealed assets were found meritless.
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| Lillis v. AT&T Corp., C.A. No. 717-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, November 17, 2005, Decided
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| P.J. Bale v. Rapuano, No. 243, 2005,
SUPREME COURT OF DELAWARE, November 17, 2005, Decided
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Overview: Applying the American rule, the Vice Chancellor properly denied a buyer's claim for attorneys' fees and costs, finding that while the sellers' claim might not have been a winning one, it was not undertaken with a sufficient degree of bad faith to warrant such an award.
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| Sutherland v. Dardanelle Timber Co., C.A. NO. 671-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, November 18, 2005, Decided , November 18, 2005, Filed
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Overview: Upon claims of self-dealing by a shareholder against a controlling corporate board member and his brother, the former was allowed inspection of documents, under Del. Code Ann. tit. 8, § 220, relating to the enjoyment of salary and benefits by said members for the period one full fiscal year before the death of the original corporate owner.
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| United Serv. Auto. Ass'n v. Avis Rent-A-Car, Inc., C.A. No. 05C-01-031 JTV,
SUPERIOR COURT OF DELAWARE, KENT, November 18, 2005, Decided
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Overview: Under both Delaware case law and Del. Code Ann. tit. 21, § 6102, car rental company could shift responsibility for liability coverage to driver that rented its car; since policy so provided, and since company and driver both had insurance, driver's insurer was responsible for defending and settling litigation after driver caused accident.
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