A photo of a gavel sitting on a desk. The First Solar case arose out of a dispute concerning insurance coverage for two putative securities class actions brought by stockholders of First Solar, a manufacturer of solar panels. (Credit: Zolnierek/Shutterstock)

The Supreme Court of Delaware recently held in First Solar v. National Union Fire Ins. Co. of Pittsburgh, Pa., 2022 WL 792158 (Del. March 22, 2022), that the issue of whether two claims are “related” for purposes of insurance coverage must be analyzed under the plain language of the insurance policies at issue, rather than the onerous “fundamentally identical” standard that was understood to be applicable under Delaware law in recent years. First Solar is a significant decision that puts the focus of the analysis of whether claims are related in its proper place, the actual terms of the insurance contract entered into between the insured and the insurer.

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