Delaware Supreme Court Denies Transportation Company’s Insurer’s Appeal of Order When Its Insured Defaulted

This action involved a motor vehicle collision where the named defendants defaulted, and an order was entered against them for failure to provide discovery and participate in the litigation. The named defendants’ insurer sought to intervene, but failed to comply with specific procedural requirements or concede that their policy applied to the subject loss. The Delaware Superior Court denied the application on December 18, 2023. The interlocutory appeal was due within only 10 days, but was not filed until January 2, 2024, with the insurer’s counsel citing “end of year festivities” and difficulty communicating with the client as excuses. The Delaware Supreme Court rejected these arguments and dismissed the appeal. 

_{Case Law Alerts, 2nd Quarter, April 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2024 Marshall Dennehey, all rights reserved. This article may not be reprinted without the express written permission of our firm.}