Delaware Business Litigation Report

Supreme Court Explains Ripeness Doctrine

XL Specialty Insurance Company v. WMI Liquidating Trust, No. 449,2013 (May 28, 2014)

When is a declaratory judgment case sufficiently ripe that it may be decided?  This is a difficult area of the law and this decision provides guidance.  At least when the action seeks a declaration of insurance coverage, there probably needs to be an underlying litigation on file before there can be a declaration of coverage for that litigation.

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