Delaware Supreme Court backs dismissal of Gemini's Bausch & Lomb antisuit bid

The Delaware Supreme Court affirmed dismissal of Gemini Insurance Company's bid to block Bausch & Lomb Americas from pursuing an insurance coverage dispute in Louisiana state court, ruling that Gemini waived its argument that the case should instead have been heard in Delaware Superior Court. The underlying fight concerns which forum should resolve an insurer-policyholder coverage dispute governed by a forum-selection clause in the policy. The ruling leaves Bausch & Lomb free to continue pursuing its coverage litigation in Louisiana.

Why it matters. The decision shows how Delaware courts enforce procedural waivers over forum-selection disputes in insurance coverage litigation, an issue relevant when mass tort defendants and their insurers fight over which court decides coverage for underlying injury claims.