Article ID: e643550ab426fa77f2821cec41c6af2cb062b1eba2c028556cbe79a4c2246fe6
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Negligence claim against broker time-barred: Court - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Negligence claim against broker time-barred: Court by Gavin Souter Agents and Brokers , Claims Disputes , Risk Management Jun 17, 2026 A crane company’s negligence and breach-of-contract claims against its insurance broker are barred by the statute of limitations because the clock started running when the policy was issued, not when coverage was later denied, the Delaware Superior Court ruled Tuesday. In First State Crane Service Inc. v. L & W Insurance LLC , Judge Jeffrey J. Clark granted in part a motion by L & W Insurance, a Wilmington, Delaware-based brokerage, to dismiss claims alleging that it failed to obtain adequate liability coverage. The dispute arose after Cincinnati Specialty Underwriters Insurance denied coverage for a wrongful death lawsuit stemming from a 2020 construction-site accident. First State argued that the time bar should run from the date Cincinnati denied coverage in August 2022. The court disagreed, citing Delaware Supreme Court precedent holding that negligent-procurement claims accrue when an allegedly defective policy is delivered, regardless of when coverage is denied. Because the policy took effect in October 2019 and the lawsuits were not filed until 2025, the negligence and contract claims were barred by Delaware’s three-year statute of limitations, the court ruled. The court also rejected First State’s argument that the exclusion Cincinnati relied on was ambiguous and that the defect was not apparent until coverage was denied. Judge Clark said the policy language was sufficiently clear and that Delaware law does not treat coverage exclusions as “inherently unknowable.” The judge further held that the Superior Court lacks jurisdiction over First State’s breach-of-fiduciary-duty claim against the broker because such claims fall within the exclusive jurisdiction of the Delaware Court of Chancery. First State was given 60 days to transfer that claim to Chancery Court. 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