Overview

The Managing Attorney of Dilworth’s Delaware Office, Thad Weaver’s practice includes representing corporations and individuals in litigation, both as principal counsel in cases venued in Delaware and Pennsylvania, and as Delaware local counsel assisting other law firms representing parties in the Delaware State and Federal Court systems.

Thad has significant experience assisting insurance companies as to their rights and duties, both during the claims-handling process and in declaratory judgment and other litigation. He has advised insurers and litigated insurance matters across a wide variety of claims scenarios, including but not limited to pollution, asbestos, mold, products liability, construction, Directors & Officers, and Errors and Omissions claims. He also represents businesses and individuals in a variety of breach of contract, trade secrets, and other commercial disputes.

Representative Experience

Insurance Industry

  • Represented insurance carrier in multi-million dollar four-month trial involving claims for coverage arising from asbestos respirator liabilities.
  • Represented environmental impairment liability insurance carrier in Delaware’s seminal complex, multi-party insurance coverage case.
  • Represented insurance carriers as Delaware Counsel in litigation in the Delaware Superior Court and Delaware Court of Chancery involving claims for coverage under aviation liability policies, including trial seeking reformation and rescission of policies.
  • Represented insurance carriers as Delaware Counsel in complex, multi-party litigation in the Delaware Supreme Court, Superior Court, and Court of Chancery, involving claims for coverage from asbestos liabilities for pump manufacturers.
  • Obtained dismissal of lawsuit in the United States District Court for the Eastern District of Pennsylvania on Rule 12(b)(6) motion, in favor of insurance carrier against the policyholder, based on warranty provision in insurance policy, resulting in a finding of no coverage for claim.
  • Obtained declaratory judgment in the United States District Court for the Middle District of Pennsylvania in favor of insurance carrier that issued Errors and Omissions policy to mortgage broker, finding no coverage for mortgage broker’s fraudulent conduct, and enforcing exclusions in insurance carrier’s favor.
  • Obtained declaratory judgment in the United States District Court for the Eastern District of Pennsylvania in favor of insurance carrier, in coverage case involving construction company’s fraudulent business practices including creation of multiple corporations to disguise prior misconduct.
  • Represented insurance company claimant in the Delaware Court of Chancery in connection with claims in insurance dissolution proceedings under 18 Del. C. §§5901, et seq.
  • Obtained declaratory judgment in the United States District Court for the District of Delaware in favor of insurance carrier that issued liability policy, involving interpretation of exclusions for operations of independent contractors, and punitive damages.
  • Represented insurance carrier as Delaware Counsel in United States Bankruptcy Court for the District of Delaware, in connection with successful effort to modify court order on insurance neutrality.
  • Prepared numerous coverage opinions for insurers regarding obligations under policies for tendered claims. 
  • Represented insurance carrier in the United States Bankruptcy Court for the District of Delaware in connection with Chapter 11 proceedings of non-profit debtor faced with sexual abuse claims.

Other Industries 

  • Successfully negotiated ownership dispute among members of a family-owned close corporation, pursuant to the Delaware General Corporation Law, avoiding litigation or arbitration proceedings.
  • Served as Delaware Counsel through trial for party in dissolution proceedings in the Delaware Court of Chancery, under the Delaware Limited Liability Company Act, 6 Del. C. §§18-802, et seq.
  • Represented start-up health technology company in the Delaware Superior Court in defense of claim on a promissory note, requiring affidavit of defense under 10 Del. C. §3901.
  • Secured injunction in favor of equipment manufacturer and installer in the Delaware Court of Chancery seeking to enforce a non-compete agreement against the former employee, and recovered confidential customer list appropriated in violation of Delaware’s Trade Secrets Act, 6 Del. C. §§2001, et seq. The case involved the application of the “blue pencil” rule.
  • Successfully obtained judgment for Fortune 100 company in the Delaware Superior Court, involving sale of solar panel feedstock ingredients to manufacturer.
  • Secured injunction in favor of “smart-pole” manufacturer in the Delaware Court of Chancery regarding a non-compete clause in an employment contract, resulting in entry of a consent decree.
  • Represented landowner in litigation in the Delaware Court of Chancery, seeking a mandatory injunction to abate increased storm-water runoff from construction on adjacent property.
  • Represented party in case of first impression under Delaware General Corporation Law statute on security for claimants in a corporate dissolution, 8 Del. C. §§280-282.
  • Represented parties in matters involving demands for corporate books and records under Section 220 of the Delaware General Corporation Law, 8 Del. C. §220.
  • Represented defendant-franchisee in employment litigation involving claims of sexual harassment brought by private plaintiff and United States Equal Employment Opportunity Commission.
  • Served as Court-appointed counsel for respondents in guardianship proceedings in the Delaware Family Court.
  • Advised volunteer Pennsylvania non-profit corporation regarding bylaws interpretation, including preparation of procedures for proxy voting, and revisions to bylaws.

Professional & Community Activities

  • Committee Chair – Boy Scout Troop 88, St. Anthony’s Parish (Wilmington, DE), 2014-2017
  • Committee Member – Boy Scout Troop 88, St. Anthony’s Parish (Wilmington, DE), 2005-2014
  • Volunteer Attorney – Philadelphia VIP for Kids Program, 1996 – 1997 
  • Board Member – National Multiple Sclerosis Society, Delaware Chapter, 1992 – 1994

Professional Recognition

  • Phi Beta Kappa
  • President, F.H.C. Society
  • Recipient, William E. Fraley Award
  • Recipient, Richard Lee Morton Scholarship

Further information on methodologies is available via these links.

Insights