Delaware Business Litigation Report

Superior Court Explains Insurance Policy Interpretation Rules

First Bank of Delaware Inc. v. Fidelity and Deposit Company of Maryland, C.A. N11C-08-221 (October 30, 2013)

This decision sets out in one place the standard rules for interpreting an insurance policy, particularly who has the burden of proving an exception to coverage exists and any exceptions to that exception. The decision is also noteworthy for adopting the rule that the exceptions to coverage should not be interpreted to swallow up all the coverage of the policy.

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