Pre-Tender Defense Costs Are Not Available To Insureds, Delaware State Judge Says

( May 21, 2026, 1:00 PM EDT) -- WILMINGTON, Del. — Insureds are not entitled to pre-tender defense costs incurred in defending an underlying consolidated class action suit stemming from pollution damage caused by an insured oil refinery in the U.S. Virgin Islands (USVI) because defense costs incurred prior to tendering a claim to an insurer are not available under the applicable USVI law, pre-tender defense costs are not available to insureds, a Delaware state judge said in granting the insurer’s motion for partial summary judgment....