Delaware court keeps AIG Specialty locked in high-stakes RWI coverage fight

On the policy side, the judge found real factual disputes about whether AIG’s subrogation rights were actually harmed and whether Hartree met its mitigation obligations, particularly with respect to the alleged overpayment for the facility as a whole. Questions about Hartree’s intent, AIG’s communications, and what loss could have been avoided will have to be tested at trial, he said, and cannot be resolved on summary judgment.

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