On November 12, 2025, two weeks after argument, the Delaware Supreme Court affirmed a Superior Court decision on behalf of several insurers in a dispute with the Hertz Corporation. In November 2024, the Superior Court granted the insurers’ motion for summary judgment and rejected Hertz’s attempt to aggregate “offenses” for false arrest and malicious prosecution, among other offenses, under applicable insurance policies. As a result of the Superior Court’s summary judgment for the insurers, Hertz had no coverage for its claimed payments of $168 million, which were paid to more than 300 claimants seeking damages from Hertz following claimed false arrests and, sometimes, incarceration, after they were late in returning Hertz vehicles or for other Hertz conduct.
In late October, Ron Schiller argued before the Delaware Supreme Court. The Court agreed with the insurers, cited the reasoning of the Superior Court relied on in the argument by the insurers, and affirmed the lower court’s decision.
Ron Schiller, Mike Carlson and Anthony Palmer represent Navigators Specialty Insurance Co. in the matter.
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