Calfee's Tae Andrews Quoted in Law360 Insurance Authority Article "Policyholder Attys Credit Case History In Del. Forum Ruling"

Mentioned and Quoted

Calfee Insurance Coverage Senior Counsel Tae Andrews was quoted in the February 12, 2026, Law360 Insurance Authority article, “Policyholder Attys Credit Case History In Del. Forum Ruling.” The article examines a recent Delaware state court decision declining to dismiss or stay Syngenta Crop Protection LLC’s insurance coverage action, despite insurers’ arguments that related proceedings in London were the more appropriate forum. The ruling emphasized the nearly four-and-a-half years of extensive discovery and motion practice already completed in Delaware, a factor policyholder attorneys widely noted as significant.

The article, written by Jennifer Mandato, details how the court applied Delaware’s Cryo‑Maid test, ultimately concluding that insurers had not shown “overwhelming hardship” sufficient to override Syngenta’s chosen forum. The court also highlighted the undeveloped status of the later‑filed London action, which Syngenta initiated primarily to toll statutes of limitations. Policyholder attorneys told Law360 that the opinion reflects Delaware courts’ willingness to credit plaintiffs’ forum choices, particularly when substantial progress has occurred in the original action.

Tae Andrews noted that insurance coverage disputes often involve a “race to the courthouse” in competing jurisdictions, but emphasized that this case presented a unique procedural posture because Syngenta filed first in Delaware and then initiated a second action in London. He praised the court’s refusal to stay the Delaware action given the lack of substantive development in the London proceedings, stating that doing so “would only result in more delay and basically force the case to start over in London.”

Tae further emphasized that the court correctly focused on the substantial factual record and the progress already made in Delaware. He explained that the decision provides a meaningful example of how courts evaluate forum non conveniens arguments when a case has advanced significantly: insurers face an “uphill battle” attempting to shift the forum after years of litigation activity

Read the full Law360 Insurance Authority article.

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Calfee’s Policyholder Insurance Coverage practice group has helped its clients manage and protect nearly $2 billion in insurance assets in recent years. The team serves corporate insurance policyholder clients in Ohio and nationwide, helping to manage and minimize the risks, losses, and liabilities that pose threats to clients. Calfee’s Insurance Coverage attorneys provide advisory and claims services, assisting clients with the placement and enhancement of their insurance policies, reviews of their existing policies, shaping and pursuing claims to get losses paid by their insurance companies, negotiating resolutions to disputed insurance claims, litigating coverage lawsuits against their insurers, and finding solutions for insurance coverage issues in corporate M&A deals. The team has experience with a wide array of policy types, from newer products such as cyber and M&A representations and warranties insurance, to more traditional policy forms such as commercial general liability (CGL), umbrella, excess, property, D&O, professional liability, and EPL policies, to more specialized policies such as builder’s risk, liquor, and aviation. Calfee's Insurance practice is ranked by Chambers USA 2025 in Band 1 in Insurance: Policyholder Law in Ohio. 

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