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HILCO CAPITAL, LP v. FEDERAL INS. CO.

No. 620, 2008.

978 A.2d 174 (2009)

HILCO CAPITAL, LP and Congress Financial Corporation, Defendants/Counterclaim Plaintiffs Below, Appellants, v. FEDERAL INSURANCE COMPANY, Plaintiff/Counterclaim Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: August 10, 2009.

Attorney(s) appearing for the Case

Theodore J. Tacconelli, Esquire, and Rick S. Miller, Esquire of Ferry, Joseph & Pearce, P.A., Wilmington, DE; Of Counsel: Lawrence P. Eagel, Esquire (argued), Paul D. Wexler, Esquire and Jeffrey H. Squire, Esquire of Bragar Wexler Eagel & Squire, P.C., New York City, for Appellants Hilco Capital, LP and Congress Financial Corporation.

Carmella P. Keener, Esquire of Rosenthal, Monhait & Goddess, P.A., Wilmington, DE; Of Counsel: Wallace A. Christensen, Esquire (argued), Merril Hirsh, Esquire and Jonathan Cohen, Esquire of Troutman Sanders, LLP, Washington, DC, for Appellee Federal Insurance Company.

Before BERGER, JACOBS and RIDGELY, Justices.

BERGER, Justice:

This appeal involves an insurance coverage dispute that was resolved by a decision granting partial summary judgment to the insurer, followed by a jury verdict responding to three special interrogatories, also in favor of the insurer. Appellants argue that the trial court erred in holding that: (1) the insurer had no implied duty of good faith to consider a settlement of appellants' claims; and (2) the insurer's consent was required before the claims...

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