Legal Opinion

Whalen v. On-Deck, Inc.

Supreme Court of Delaware

Decided August 26, 1986PublishedCited by 19 opinions

1Opinion of the Court

McNEILLY, Justice.

The issue presented in this case is novel to the Delaware courts. 1 We must decide whether the public policy of this State prevents a liability insurer from being obligated to pay punitive damages assessed against its insured. The Superior Court found that “a rule prohibiting the issuance of insurance covering punitive damages more accurately reflects the public policy of this State.” Whalen v. On-Deck, Inc., et al., Del.Super., C.A. No. 80C-JN-112, slip. op. at 7 (O’Hara, J.) (January 10, 1986) (unreported decision). [Available on WESTLAW, DE database.] We disagree and…

2Cases cited4 opinions

  1. Northwestern National Casualty Company of Milwaukee, Wisconsin v. Edward A. McNulty and Walter Scott SmithCourt of Appeals for the Fifth Circuit · 1962
  2. Lazenby Ex Rel. Lazenby v. Universal Underwriters InsuranceTennessee Supreme Court · 1964
  3. Reynolds v. WillisSupreme Court of Delaware · 1965
  4. Valley Forge Insurance v. JeffersonDistrict Court, D. Delaware · 1986

3Cited by19 opinions

  1. Randy v. Progressive Northern Insurance Co.Supreme Court of Delaware · 2001
  2. St. Paul Surplus Lines Insurance v. International Playtex, Inc.Supreme Court of Kansas · 1989
  3. Playtex Family Products, Inc. v. St. Paul Surplus Lines InsuranceSuperior Court of Delaware · 1989
  4. Hartford Casualty Insurance v. PowellDistrict Court, N.D. Texas · 1998
  5. Jones v. State Farm Mutual Automobile InsuranceSupreme Court of Delaware · 1992

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