Del. High Court Orders Retrial Over Reference to Settlement

WILMINGTON, Del. - The Delaware Supreme Court has ordered a new trial on a homeowner's claims against an inspection service, finding that trial references to plaintiffs' settlement with the seller were prejudicial. Atwell v. RHIS Inc., et al., No. 201,2008 (Del. Sup. Ct.).

The high court affirmed summary judgment in favor of Litiz Mutual Insurance Co., however, agreeing with the trial judge's "well reasoned ruling" that an ensuing loss clause in Tina Atwell's homeowner's policy unambiguously excluded damage from mold and subsurface water.

Atwell sued RHIS (d/b/a Reliable Home Inspection Service), home seller Richard Davis and Lititz over alleged mold, …