Del. High Court Affirms Dismissal of Suit by Tenants

WILMINGTON, Del. - The Delaware Supreme Court has affirmed the dismissal of a personal injury lawsuit filed by tenants complaining of mold, saying that once the pro se plaintiffs withdrew claims against their landlords, insurance claims having already been dismissed, there were no longer any defendants. Walden v. Allstate Insurance Co., No. 409, 2008 (Del. Sup. Ct.).

The high court noted that the trial court explained to Kenneth and Sharon Walden that they could not maintain a direct action against the landlord's home insurer before liability on the part of the insured was established, and termed the withdrawal of claims …