State High Court Dismisses Tenant's 3rd-Party Insurance Case

WILMINGTON, Del. - Delaware's Supreme Court has affirmed the dismissal of a couple's direct action against their landlord's insurance carrier, agreeing with the carrier that the action cannot be pursued until there is some finding of liability on the part of the landlord. Walden v. Allstate Insurance Co., No. 487, 2006 (Del. Super. Ct., New Castle Cty.).

The Supreme Court said in its Oct. 27 order that dismissal was without prejudice and will not prevent the tenants from pursuing another lawsuit on the same cause of action.

Kenneth and Sharon Walden sued Allstate for coverage of personal injuries they say …