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Summaries and analysis of recent Delaware court decisions concerning business-related litigation.

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Showing one post in Declaratory Judgment.

Delaware Superior Court Requires Contract Claim Be Plead For Prejudgment Interest To Start To Accrue

Posted In Declaratory Judgment

Viking Pump Inc. v. Century Indemnity Company, C.A. N10C-06-141 PRW CCLD (May 23, 2018)

This decision has an important warning. A complaint for a declaratory judgment does not alone entitle a plaintiff to a monetary judgment when its interpretation of a contract is upheld and the contract has been breached. Thus when the defendant then pays what is due and thereby negates the plaintiff’s ability to file a breach of contract case, the court will not award prejudgment interest even if the payment is years overdue. In short, add a breach of contract claim to any declaratory judgment complaint.