Zurich Am. Ins. Co. v. Syngenta Crop Prot.
LLC,
No. 135, 2023, 2024 WL 763418 (Del. Feb. 26, 2024)
The Delaware Supreme Court affirmed the state's Superior
Court ruling that Zurich American Insurance Company (Zurich) was
not entitled to a declaratory judgment that Zurich had no duty to
defend or indemnify Syngenta Crop Protection, LLC (Syngenta) in
underlying cases due to alleged misrepresentations, omissions,
concealments, and incorrect statements by Syngenta on the insurance
application, and that Zurich did not act in bad faith when it
denied liability coverage to Syngenta for underlying lawsuits.
Syngenta was named as a defendant in several lawsuits seeking
damages for alleged bodily injury, sickness or disease caused by
exposure to paraquat, a chemical used in herbicides that has been
linked to the onset of Parkinson's disease (Paraquat actions).
Syngenta sought liability coverage from Zurich for these lawsuits
under three primary commercial general liability
