“The consequences of the appellant’s overreaching position are potentially severe given, as this court well knows, Delaware has more incorporations than any other U.S. state," Jonathan Small of law firm Robinson+Cole said. Credit: Chansom Pantip/Shutterstock “The consequences of the appellant’s overreaching position are potentially severe given, as this court well knows, Delaware has more incorporations than any other U.S. state,” Jonathan Small of law firm Robinson+Cole said. Credit: Chansom Pantip/Shutterstock

In a uniquely Delawarean case, the state’s Supreme Court heard arguments Wednesday on when a company incorporated in Delaware is legally considered to be located there and when it’s not. 

A Delaware LLC named 300 West 22 Realty claims its Superior Court case seeking a pandemic-related business interruption insurance payout shouldn’t have been dismissed, arguing its policy with Strathmore Insurance Company gives it the right to litigate the dispute both in its state of incorporation and the jurisdiction where it is physically present.

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