G-NEW, INC. DBA GODIVA CHOCOLATIER, INC., Plaintiff, v. ENDURANCE AMERICAN INSURANCE COMPANY, and NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., Defendants., 2022 Del. Super. LEXIS 371

Summary

HOLDINGS: [1]-The Settlement Agreement in the Underlying Action did not involve disgorgement, and the Court need not resolve any choice-of-law conflict between New York and Delaware law on this issue; [2]-The insured did not present facts supporting a separate and distinct cause of action for bad faith, and failed to establish a prima facie case for bad faith failure to settle; [3]-The Settlement Agreement was a covered loss within the meaning of the term "Loss" as explicitly defined to include settlements in the insurance policy; [4]-The broad definition of Loss resulted in a finding that the Settlement was covered, and the exclusion did not apply to prevent coverage of the entire Settlement; [5]-The contract covered the subject matter at issue and the insured's claim for breach of the implied covenant of good faith and fair dealing had to be dismissed.