IN THE SUPREME COURT OF THE STATE OF DELAWARE

HANOVER INSURANCE COMPANY § § Defendant Below, Appellant, § No. 100, 2022 § v. § § Court Below: Superior Court COMMERCE ASSOCIATES, LP, § of the State of Delaware § Plaintiff Below, Appellee. § § C.A. No. N18C-01-303 Submitted: October 12, 2022 Decided: October 26, 2022 Before SEITZ, Chief Justice; VALIHURA and VAUGHN, Justices.

ORDER This 26th day of October 2022, having considered this matter on the briefs of the parties and the record below, and having concluded that the same should be affirmed on the basis of and for the reasons assigned by the Superior Court in its Memorandum Opinion dated February 22, 2022; NOW THEREFORE IT IS ORDERED that the judgment of the Superior Court be and the same hereby is AFFIRMED.

BY THE COURT: /s/ Karen L. Valihura Justice