Delaware Department of Insurance v. American Insurance Association
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IN THE SUPREME COURT OF THE STATE OF DELAWARE DELAWARE DEPARTMENT OF INSURANCE, § § § Defendant Below, § Appellant, § § v. § § The AMERICAN INSURANCE § ASSOCIATION and the PROPERTY § AND CASUALTY INSURERS § ASSOCIATION OF AMERICA, § INC. § No. 571, 2007 Court Below Superior Court of the State of Delaware in and for New Castle County C.A. No. 05C-10-309 Submitted: November 2, 2007 Decided: November 6, 2007 Before STEELE, Chief Justice, JACOBS and RIDGELY, Justices. ORDER This 6th day of November 2007, upon consideration of the notice of interlocutory appeal and the supplemental notice of interlocutory appeal, it appears to the Court that: (1) This interlocutory appeal arises from a Superior Court complaint for declaratory judgment that was filed by The American Insurance Association and the Property and Casualty Insurers Association of America, Inc. (AIA/CIAA). In the underlying case, the Delaware Department of Insurance (DDI) sought to dismiss the complaint on the basis that AIA/CIAA lacked standing to bring the action for declaratory judgment. By order dated October 3, 2007, the Superior Court determined that AIA/CIAA had standing to seek declaratory judgment. In disposing of the standing issue, the Superior Court modified and effectively rendered moot an earlier ruling that had permitted DDI to take discovery related to AIA/CIAA s standing. (2) DDI petitioned this Court to accept an interlocutory appeal from the Superior Court s October 3, 2007 order. By order dated November 1, 2007, the Superior Court denied DDI s application for certification of an interlocutory appeal.1 DDI s supplemental notice of appeal followed.2 (3) Applications for interlocutory review are addressed to the sound discretion of this Court.3 The Court concludes, in the exercise of discretion, that the Superior Court s October 3, 2007 order does not fit the requirements and criteria for accepting an interlocutory appeal.4 NOW, THEREFORE, IT IS HEREBY ORDERED that the interlocutory appeal is REFUSED. BY THE COURT: /s/ Henry duPont Ridgely Justice 1 Del. Supr. Ct. R. 42(c). Del. Supr. Ct. R. 42(d)(iii). 3 Del. Supr. Ct. R. 42(d)(v). 4 Del. Supr. Ct. R. 42(b). 2 2
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