Scott Seaman Quoted In Law360 On Insurance Coverage Questions Certified By The Delaware Supreme Court
In The News | 1 min read
May 28, 2015
Scott M. Seaman, Chicago partner at Hinshaw & Culbertson LLP, was quoted in a May 28, 2015 article in Law360 on the Delaware Supreme Court's certification of two insurance coverage questions to the New York Court of Appeals that arose in a 10-year-old battle over excess insurance coverage for asbestos injury claims against Viking Pump Inc. and Warren Pumps LLC.
The Delaware Supreme Court certified the questions of whether under New York law, when there are noncumulation and prior insurance provisions, the proper method of allocation is all sums or pro rata and, given the answer to the first question, when the underlying primary and umbrella insurance in the same policy period has been exhausted, what rule determines when a policy holder may access its excess insurance, vertical or horizontal exhaustion.
"The Delaware high court’s decision to ask the New York court to weigh in on these issues of state insurance coverage law makes complete sense, Scott M. Seaman, an insurance litigation specialist at Hinshaw & Culbertson LLP, told Law360 on Thursday 'The predecessor trial judge's 'all sums' ruling appears to be contrary to New York law,' Seaman said in an email. 'There is a long line of cases in New York ruling in favor of a pro rata allocation, including the New York Court of Appeals 2013 decision in Roman Catholic Diocese of Brooklyn v. National Union Fire Ins. Co. of Pittsburgh and its 2002 ruling in Consolidated Edison v. Allstate Ins. Co.' ”
Read the full article, "Del. Court Asks NY For Help With Asbestos Insurance Case," on Law360's website. Please note a subscription is required to access the article.
Related People
Related Capabilities
Related Locations
Featured Insights

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 14, 2026
Key Takeaways from the 2026 MBA Legal Issues and Regulatory Compliance Conference

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 14, 2026
SCOTUS Confirms: Federal Courts Retain Power to Affirm or Vacate an Arbitration Decision

In The News
May 13, 2026
Hinshaw Contributes Chapters to “Wrongful-Death and Survival Actions” IICLE Handbook

In The News
May 12, 2026
Hinshaw GC Steve Puiszis Discusses Protecting Attorney-Client Privilege in an AI Age

Event
May 12-13, 2026
Mitchel Chargo Speaks on the Rapidly Evolving Cannabis Industry

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 11, 2026
Tennessee Reaches Settlement with Mariner in Multistate UDAAP Enforcement Action

Press Release
May 11, 2026
Ali Degan Elected to the Fellows of the American Bar Foundation

Press Release
May 11, 2026
John Weedon Re-Elected to the Jacksonville Bar Association’s Board of Governors in 2026

Press Release
May 7, 2026
Hinshaw Recognized as a 2026 BTI Associate Satisfaction A-Lister Firm




