IN THE SUPREME COURT OF THE STATE OF DELAWARE
RSUI INDEMNITY COMPANY, §
§ No. 646, 2014
Plaintiff Below- §
Appellant, §
§
v. § Court Below: Superior Court
§ of the State of Delaware,
SEMPRIS, LLC d/b/a BUDGET § in and for New Castle County
SAVERS, § C.A. No. N13C-10-096
§
Defendant Below- §
Appellee. §
Submitted: December 5, 2014
Decided: January 6, 2015
Before STRINE, Chief Justice, HOLLAND, and VAUGHN, Justices.
ORDER
This 6th day of January 2015, it appears to the Court that:
(1) The plaintiff-appellant, RSUI Indemnity Company (“RSUI”), has
petitioned this Court, under Supreme Court Rule 42, to accept an appeal from an
interlocutory opinion issued by the Superior Court on September 3, 2014 (“the
Opinion”). The Opinion denied RSUI’s motion for summary judgment and
granted partial summary judgment to the defendant-appellee, Sempris, LLC
(“Sempris”), holding that RSUI has a duty to defend Sempris in an Illinois lawsuit
under the terms of an insurance policy issued by RSUI to Sempris. RSUI also
seeks to appeal the Superior Court’s order denying its motion for reargument of the
Opinion.
(2) Applications for interlocutory review are addressed to the sound
discretion of this Court under Rule 42(d)(v). In the exercise of our discretion, we
have examined the Opinion according to the criteria set forth in Rule 42, and we
have concluded that RSUI’s application for interlocutory review does not meet the
requirements of Rule 42 and should be refused.
NOW, THEREFORE, IT IS HEREBY ORDERED that the within
interlocutory appeal be REFUSED.
BY THE COURT:
/s/ Leo E. Strine, Jr.
Chief Justice
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