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LAVASTONE CAPITAL LLC v. ESTATE OF BERLAND

No. 75, 2021.

266 A.3d 964 (2021)

LAVASTONE CAPITAL LLC, Defendant-Appellant, v. ESTATE OF Beverly E. BERLAND, Plaintiff-Appellee.

Supreme Court of Delaware.

Decided: November 16, 2021.

Attorney(s) appearing for the Case

Kenneth J. Nachbar, Esquire (argued), Megan Ward Cascio, Esquire , and Sabrina M. Hendershot, Esquire , Morris, Nichols, Arsht, & Tunnell, LLP, Wilmington, Delaware, for Appellant.

Daniel R. Miller, Esquire , Walden, Macht & Haran, LLP, Philadelphia, Pennsylvania, for Appellee.

David E. Ross, Esquire , Ross Aronstam & Moritz, LLP, Wilmington, Delaware, Amici Curiae for the Life Insurance Settlement Association and European Life Settlement Association.

Stephen B. Brauerman, Esquire , Bayard, P.A., Wilmington, Delaware, Amici Curiae for Institutional Longevity Markets Association.

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

The United States District Court for the District of Delaware certified the following three questions of law to this Court in accordance with the Delaware Constitution, Article IV, § 11(8) and Delaware Supreme Court Rule 41:

Question One: If an insurance contract is void ab initio under 18 Del. C....

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