Great American Insurance Company v. Big V Capital LLC

IN THE SUPREME COURT OF THE STATE OF DELAWARE GREAT AMERICAN INSURANCE § COMPANY, §

§ No. 329, 2026 Defendant Below, § Appellant, § Court Below—Superior Court

§ of the State of Delaware

v. §

§ C.A. No. N25C-07-046

BIG V CAPITAL LLC, BIG V § ACQUISITIONS LLC, BIG V § EQUITY LLC, and JEFFREY § ROSENBERG, §

§ Plaintiffs Below, § Appellees. §

Submitted: August 18, 2026 Decided: August 31, 2026

Before SEITZ, Chief Justice; TRAYNOR and GRIFFITHS, Justices.

ORDER

After consideration of the notice and supplemental notices of appeal from an interlocutory order and the exhibits, it appears to the Court that:

(1) In a memorandum opinion issued June 30, 2026, the Superior Court held that a derivative action initiated in 2024 was covered under an insurance policy that the plaintiffs-appellees purchased from Great American Insurance Company. Great American filed an application for certification of an interlocutory appeal from the memorandum opinion on July 15 and a notice of interlocutory appeal on July 30. The plaintiffs-appellees opposed certification.

(2) The Superior Court denied the application. The court found that the application was untimely under Supreme Court Rule 42(c)(i), and Great American had not sought an extension nor shown good cause for the delay.

(3) We conclude that the interlocutory appeal should be refused. An application for certification of an interlocutory appeal must be filed “within 10 days of the entry of the order from which the appeal is sought or such longer time as the trial court, in its discretion, may order for good cause shown.”1 The deadline for Great American to file its application was July 10, 2026,2 and Great American did not establish good cause to excuse its untimely application.3

NOW, THEREFORE, IT IS ORDERED that the interlocutory appeal is REFUSED.

BY THE COURT:

/s/ Collins J. Seitz, Jr.

Chief Justice