Federal Insurance Co. v. Hilco Capital LP, et al.

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IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY FEDERAL INSURANCE COMPANY, Plaintiff, v. HILCO CAPITAL, LP and CONGRESS FINANCIAL CORPORATION, Defendants. ) ) ) ) ) ) ) ) ) C.A. No. 06-02-248 (JRJ) ORDER AND NOW, TO WIT, this 5th day of August, 2008, the Court having heard and duly considered Federal Insurance Company s ( Federal ) Motion for Reargument pursuant to Del. Super. Ct. R. 59, and Defendant s response thereto, IT IS HEREBY ORDERED that Federal s Motion is GRANTED in part and DENIED in part. The Court erred in its June 6, 2008 Opinion by failing to decide as a matter of law whether Federal, the excess carrier, had an implied duty under Missouri law to negotiate with the Insureds. 1 This is a question of law, not of fact. As such, it is for the Court and not a jury to decide. After reviewing the excess policy at issue and the applicable Missouri law, the Court is 1 Federal Ins. Co. v. Hilco Capital, LP, 2008 WL 2468870, at *5 (Del. Super.). satisfied that it should have granted summary judgment in favor of Federal on this issue. Accordingly, the Court vacates its June 6, 2008 Memorandum Opinion and issues a Memorandum Opinion dated August 5, 2008. The Court DENIES the remainder of Federal s Motion for Reargument. _________________________ Jan R. Jurden, Judge

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