Tenneco Automotive Inc. v. El Paso Corporation, (Del. Ch., Jan. 8, 2007), read opinion here. This case involves a byzantine connection of related companies and successor companies that have a dispute over various insurance policies that includes the interpretation of a settlement agreement related to particular coverages. The court addressed the following legal issues:
1) Anticipatory breach and repudiation;
2) Mitigation of damages; and
3) Tortious interference with contract.
A more detailed description of the complicated facts can be found in a prior opinion of the court involving the same parties at the following cite: Tenneco Automotive Inc. v. El Paso Corp., 2004 WL 3217794 (Del. Ch. 2004). The procedural posture of this case was cross motions for summary judgment. The court concluded that due to the fact intensive inquiry, “buffeted by the multiple conflicted inferences which may reasonably be drawn,” the motion for summary judgment by Newport News was not appropriate, but the court did grant a motion for summary judgment filed by El Paso.