The decision of when to sue insurance companies, especially excess insurers, can be difficult, especially in disputes involving multiple claims, long timelines, and conflicting coverage positions between insurers. A recent federal court in Delaware, General Cable Corp. v. Scottsdale Indemnity Co., No, 1:24-CV-00797-TMH, 2025 WL 2576384, (D. Del. Sept. 5, 2025) underscores the timing risks in pursuing recovery in and out of litigation. In a word of warning to Delaware policyholders, the court dismissed a lawsuit against a manufacturer’s directors and officers excess liability insurers because its claims were either not ripe for adjudication or untimely filed.

Reprinted courtesy of Geoffrey B. Fehling, Hunton Andrews Kurth LLP and Machaella Reisman, Hunton Andrews Kurth LLP

Mr. Fehling may be contacted at gfehling@hunton.com
Ms. Reisman may be contacted at reismanm@hunton.com