WHALEN v. ON-DECK, INC.


514 A.2d 1072 (1986)

Clyde J. WHALEN, Jr., Plaintiff-Appellant, v. ON-DECK, INC., et al., Defendants-Appellees.

Supreme Court of Delaware.

Decided: August 26, 1986.

Rehearing Denied: September 30, 1986.


Attorney(s) appearing for the Case

Richard K. Herrmann (argued), of Bayard, Handelman & Murdoch, P.A., Wilmington, for plaintiff-appellant.

Alfred M. Isaacs and Richard D. Kirk (argued), of Morris, James, Hitchens & Williams, Wilmington, for General Accident Ins. Co. of America, Inc., garnishee-appellee.

Before CHRISTIE, C.J., McNEILLY and MOORE, JJ.


McNEILLY, Justice.

The issue presented in this case is novel to the Delaware courts.1 We must decide whether the public policy of this State prevents a liability insurer from being obligated to pay punitive damages assessed against its insured. The Superior Court found that "a rule prohibiting the issuance of insurance covering punitive damages more accurately reflects the public policy of this State." Whalen v. On-Deck, Inc., et al...

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