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Charles Lemley Argues on Behalf of Insurers in Delaware Supreme Court

Law360
March 10, 2014

Charles C. Lemley, a partner in Wiley Rein's Insurance Practice, was quoted in a March 5 Law360 article regarding arguments he made before the Delaware Supreme Court in a case related to directors and officers liability insurance.

Mr. Lemley, arguing on behalf of insurers in the case, urged the Delaware Supreme Court panel to dismiss a lawsuit by the Washington Mutual Inc. (WMI) liquidating trust. The insurers argued that the liquidating trust is seeking an improper advisory opinion regarding the existence of insurance coverage for a lawsuit it has threatened to bring against former directors and officers of WMI.

"The claimant is threatening to inflict an injury, and then seeking a ruling that insurance coverage would be available if it inflicts that injury," Mr. Lemley told the panel of judges.

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