Delaware Judge Partly Denies Motion To Dismiss D&O Insurers’ Counterclaims

Mealey's ( May 2, 2023, 10:37 AM EDT) -- WILMINGTON, Del. — A Delaware judge granted insureds’ motion to dismiss and strike directors and officers liability insurers’ counterclaims and affirmative defenses based on the policies’ prior notice exclusion but refused to dismiss or strike their counterclaims and affirmative defenses based on the policies’ interrelated wrongful acts clause and pending and prior litigation exclusion, finding that dismissal of these counterclaims would be premature on the present record in a coverage dispute over claims that directors, officers and controlling shareholders breached their fiduciary duties in connection with a 2019 merger of Viacom and CBS Corp....