Delta Group, Inc. v. DBI, INC.

Delta Group, Inc. (Delta), appeals from orders dismissing its breach of contract claim against Maryland Casualty Company (Maryland) for failure to prosecute. On appeal, Delta argues that Maryland breached its duty to defend its insured, DBI, Inc., and Maryland subsequently lost its right to reopen and contest the damages award made by the arbitrator. Since DBI assigned its rights to Delta, Delta maintains it is now entitled to summary judgment against Maryland for the amounts in the arbitration award. We conclude that Maryland breached its duty to defend and is therefore bound by the terms of…