Background
The Delaware Superior Court held in a June 30, 2026 memorandum opinion that a derivative action initiated in 2024 was covered by an insurance policy that the plaintiffs had purchased from Great American Insurance Company.
Great American sought permission to pursue an interlocutory appeal. It applied for certification on July 15 and filed its notice of interlocutory appeal on July 30. The plaintiffs opposed certification, and the Superior Court denied the application as untimely because Great American neither requested an extension nor demonstrated good cause for the delay.
The Court’s Holding
The Delaware Supreme Court refused the interlocutory appeal. Under Delaware Supreme Court Rule 42(c)(1), an application for certification must be filed within 10 days after entry of the challenged order unless the trial court allows additional time for good cause.
Applying the time-computation rules, the court determined that Great American’s certification application was due July 10, 2026. Because Great American filed on July 15 and did not establish good cause excusing the late filing, the court declined to accept the appeal.
Key Takeaways
- A party seeking interlocutory review must file its certification application within Rule 42’s 10-day period.
- A late applicant must obtain additional time from the trial court based on good cause.
- The Supreme Court refused review on procedural grounds and did not decide the merits of the Superior Court’s insurance-coverage ruling.
Why It Matters
The order underscores that Delaware’s deadline for seeking certification of an interlocutory appeal is strictly enforced. Parties must calculate the deadline under the Supreme Court’s time-computation rules and promptly seek an extension if good cause exists.
Because the Supreme Court refused the appeal rather than reviewing the underlying coverage decision, the order should not be read as appellate approval or rejection of the Superior Court’s insurance analysis.