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FIRST SOLAR, INC. v. NAT'L UNION FIRE INS.

No. 217, 2021.

274 A.3d 1006 (2022)

FIRST SOLAR, INC., Plaintiff Below, Appellant, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA and XL Specialty Insurance Company, Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: March 16, 2022.

Revised: March 22, 2022.

Attorney(s) appearing for the Case

Jennifer C. Wasson, Esquire , Carla M. Jones, Esquire , POTTER ANDERSON & CORROON LLP, Wilmington, Delaware, Adam S. Ziffer, Esquire (argued), and Meredith Elkins , COHEN ZIFFER FRENCHMAN & MCKENNA LLP, New York, New York, Attorneys for Appellant First Solar, Inc.

Kurt M. Heyman, Esquire (argued), Aaron M. Nelson, Esquire , HEYMAN ENERIO GATTUSO & HIRZEL LLP, Wilmington, Delaware, Scott B. Schreiber, Esquire , Arthur Luk, Esquire , Omomah Abebe, Esquire , and Kolya D. Glick, Esquire , ARNOLD & PORTER KAYE SCHOLER LLP, Washington, D.C., Attorneys for Appellee National Union Fire Insurance Company of Pittsburgh, PA.

John C. Phillips, Jr., Esquire , David A. Bilson, Esquire , PHILLIPS MCLAUGHLIN & HALL, P.A., Wilmington, Delaware, Charles C. Lemley, Esquire (argued), Kim Melvin, Esquire , and Anna Schaffner, Esquire , WILEY REIN LLP, Washington, D.C., Attorneys for Appellee XL Specialty Insurance Company.

Before SEITZ, Chief Justice; VALIHURA, VAUGHN, TRAYNOR, and MONTGOMERY-REEVES, Justices, constituting the Court en Banc.

In this appeal we review whether a securities class action and a later follow-on action were related actions, such that the follow-on action was excluded from insurance coverage under later-issued policies. The Superior Court found that the follow-on action was "fundamentally identical" to the first-filed action and therefore...

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