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RSUI INDEM. CO. v. MURDOCK

No. 154, 2020.

248 A.3d 887 (2021)

RSUI INDEMNITY COMPANY, Plaintiff Below, Appellant/Cross-Appellee, v. David H. MURDOCK and Dole Food Company, Inc., Defendants Below, Appellees/Cross-Appellants.

Supreme Court of Delaware.

Decided: March 3, 2021.

Attorney(s) appearing for the Case

Robert J. Katzenstein, Esquire , Kathleen M. Miller, Esquire , SMITH, KATZENSTEIN & JENKINS LLP, Wilmington, Delaware; Robert P. Conlon, Esquire (argued), Kevin A. Lahm, Esquire , Cassandra L. Jones, Esquire , WALKER WILCOX MATOUSEK LLP, Chicago, Illinois, for Appellant RSUI Indemnity Company.

Elena C. Norman, Esquire , Mary F. Dugan, Esquire , YOUNG CONAWAY STARGATT & TAYLOR, LLP, Wilmington, Delaware; Kirk A. Pasich, Esquire (argued), Pamela Woods, Esquire , Christopher T. Pasich, Esquire , PASICH LLP, Los Angeles, California, for Appellees David H. Murdock and Dole Food Company, Inc.

Before SEITZ, Chief Justice; VALIHURA, VAUGHN, TRAYNOR, and MONTGOMERY-REEVES, Justices, constituting the Court en Banc.

An excess insurer under a directors' and officers' liability insurance policy sought a declaration from the Superior Court that coverage under the policy was not available to fund the settlement of two lawsuits —a breach of fiduciary duty action in the Court of Chancery and a federal securities action in the United States...

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