Insurance
Home›Insurance›Industry & Deals›Great American Insurance forfeits early appeal after D…
Great American Insurance forfeits early appeal after Delaware filing lapse
The Delaware Supreme Court refused Great American’s interlocutory appeal because the certification request missed a 10-day window by five days.
Great American Insurance missed a Delaware court filing deadline by five days, forfeiting its bid for an early, mid-case appeal of a coverage ruling it wanted overturned, Insurance Business reports.
The insurer sought an interlocutory appeal after the Delaware Superior Court held on June 30, 2026 that a 2024 derivative action was covered under a policy purchased by Big V Capital and related entities.
Delaware allows mid-case appeals only if a party asks the trial court to certify the appeal within a strict 10-day window, counted from the order date. Great American’s certification request was filed July 15, five days after the July 10 deadline, and the Superior Court denied it as untimely after Great American did not request an extension or show good cause.
On August 31, 2026, the Delaware Supreme Court refused the insurer’s interlocutory appeal, emphasizing that the refusal turned on timing rather than the underlying coverage interpretation, leaving the trial-level coverage finding in place while the case continues.