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National Law Review
National Law Review
7/9/2026
Delaware court allows top-customer RWI claim to proceed

Delaware court allows top-customer RWI claim to proceed

Original: Delaware Decision Highlights a Familiar RWI Coverage Fight

Short summary

Delaware court dismissed two claims in a buyer-side RWI policy dispute but allowed a top-customer representation claim to proceed, showing how precise framing of insurance claims matters. The ruling reinforces Delaware's liberal notice pleading standards, which require only enough allegations to notify the insurer, not full evidence. Key lesson: forum selection and choice of law significantly impact RWI litigation outcomes.

  • Top-customer claim survived dismissal despite vague pleading; MAE and ordinary-course claims were dismissed
  • Delaware courts require only notice, not detailed evidence, to establish breach of representation
  • Forum selection clauses and governing law choice directly influence RWI policy dispute resolution

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