Connolly Bove Wins Insurance Coverage Dispute

James Julian, Inc. (“Julian”) retained Connolly Bove in 2000 to represent it in the case of Consolidated Rail Corp. v. Liberty Mutual Ins. Co., C.A. No 97C-10-001, after the Liberty Mutual Insurance Company (“Liberty”) advised Julian that it would no longer provide a defense to Julian under applicable insurance policies. Upon entering the case, Connolly Bove successfully defended against a breach of contract claim for failure to procure insurance, which was brought plaintiff by Consolidated Rail Corporation (“Conrail”). Conrail’s breach of contract claims were dismissed on statute of limitations grounds. Consolidated Rail Corp. v. Liberty Mutual Ins. Co., 2002 WL 32080503, at *1 (Del. Super. Ct.). Julian then moved for summary judgment against Liberty, claiming that Liberty breached its duty to defend Julian. On March 16, 2005, the Superior Court granted Julian’s motion, finding that Liberty breached. The Court held that Julian was entitled to reimbursement for all costs of defending the case after Liberty breached, and opined that Liberty waived the right to contest coverage defenses relating to the duty to defend. Thereafter, Julian was reimbursed its attorneys’ fees and costs in a settlement with Liberty. Consolidated Rail Corp. v. Liberty Mutual Ins. Co., 2005 WL 697943, at *1 (Del. Super. Ct.). Julian is represented by Connolly Bove attorneys Jeffrey B. Bove and Max B. Walton.