6 Delaware opinions name it 2 courts 1946–2022 1 in the last five years
The cases below were cited by Delaware courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
State Farm Mutual Automobile Insurance v. Armsgreen2 sentences2022See also Mason, 697 A.2d at n. 14, (quoting Arms, 477 A.2d at 1066 ); Shukitt, 2003 WL 22048222 , at *1 (holding insurer failed to make meaningful offer of UM/UIM coverage after insured changed vehicles on policy); Drenth, 1997 WL 720459 , at *3. 141 477 A.2d at 1061 . 142 Id. at 1061-62 . 38 because the defendant did not provide the plaintiff with a meaningful offer of that additional coverage when he made the material change.143 In direct contrast to cases involving insureds who selected UM/UIM coverage in the original policy and then made a material change, § 3902 requires a distinct analys 2022See also Mason, 697 A.2d at n. 14, (quoting Arms, 477 A.2d at 1066 ); Shukitt, 2003 WL 22048222 , at *1 (holding insurer failed to make meaningful offer of UM/UIM coverage after insured changed vehicles on policy); Drenth, 1997 WL 720459 , at *3. 141 477 A.2d at 1061 . 142 Id. at 1061-62 . 38 because the defendant did not provide the plaintiff with a meaningful offer of that additional coverage when he made the material change.143 In direct contrast to cases involving insureds who selected UM/UIM coverage in the original policy and then made a material change, § 3902 requires a distinct analys | 1 | 1 |
Rohm & Haas Co. v. Continental Casualty Co.green1 sentence2020Co., 781 A.2d 1172, 1176 (Pa. 2001) (the known loss doctrine precludes an insured from insuring against a loss that has already occurred or is ongoing); Appalachian Ins. | 1 | 1 |
Allen Williams B/n/f Louise J. Smyre v. United Statesgreen1 sentence1974See Williams v. United States, 5 Cir., 405 F.2d 234, 238 . | 1 | 1 |
Stenta v. Leblanggreen1 sentence1967Stenta v. Leblang, 185 A.2d 759, 762 (Sup.Ct.1962). | 1 | 1 |
Hottenstein v. York Ice Machinery Corp.green1 sentence1946See Hottenstein v. York Ice Machinery Corp., 146 F.2d 835 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Delaware. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Consulting Engineers, Inc. v. Insurance Co. of North America
green
2 sentences2020Second, in addition to ACE’s “prior knowledge” defense, there is a separate and distinct defense under Pennsylvania law providing that an insurer has no obligation to defend (or indemnify) a known loss/loss-in-progress that exists prior to a policy’s inception date (the “known loss doctrine”).199 ACE argues there was also “a known loss/loss-in-progress with respect to opioids” before 2015 and therefore it owes no defense obligations.200 This “known loss” ACE contends existed “was the opioid epidemic that started in the early 2000s . . . .”201 In the Acuity case relied on by ACE, the Ohio trial 2020Second, in addition to ACE’s “prior knowledge” defense, there is a separate and distinct defense under Pennsylvania law providing that an insurer has no obligation to defend (or indemnify) a known loss/loss-in-progress that exists prior to a policy’s inception date (the “known loss doctrine”).199 ACE argues there was also “a known loss/loss-in-progress with respect to opioids” before 2015 and therefore it owes no defense obligations.200 This “known loss” ACE contends existed “was the opioid epidemic that started in the early 2000s . . . .”201 In the Acuity case relied on by ACE, the Ohio trial | 1 | 2020–2020 |
Lamprecht v. Piper Aircraft Corp.
green
2 sentences1983Buckeye Boiler Co. v. Sup.Ct. of Los Angeles County, Cal.Supr., 71 Cal.2d 893 , 80 Cal.Rptr. 113 , 458 P.2d 57 (1969); Lamprecht v. Piper Aircraft Corporation, Md.App., 262 Md. 126 , 277 A.2d 272 (1971). 1983Buckeye Boiler Co. v. Sup.Ct. of Los Angeles County, Cal.Supr., 71 Cal.2d 893 , 80 Cal.Rptr. 113 , 458 P.2d 57 (1969); Lamprecht v. Piper Aircraft Corporation, Md.App., 262 Md. 126 , 277 A.2d 272 (1971). | 1 | 1983–1983 |
Buckeye Boiler Co. v. Superior Court
green
2 sentences1983Buckeye Boiler Co. v. Sup.Ct. of Los Angeles County, Cal.Supr., 71 Cal.2d 893 , 80 Cal.Rptr. 113 , 458 P.2d 57 (1969); Lamprecht v. Piper Aircraft Corporation, Md.App., 262 Md. 126 , 277 A.2d 272 (1971). 1983Buckeye Boiler Co. v. Sup.Ct. of Los Angeles County, Cal.Supr., 71 Cal.2d 893 , 80 Cal.Rptr. 113 , 458 P.2d 57 (1969); Lamprecht v. Piper Aircraft Corporation, Md.App., 262 Md. 126 , 277 A.2d 272 (1971). | 1 | 1983–1983 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.