IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

IN AND FOR NEW CASTLE COUNTY

MINE SAFETY APPLIANCES

COMPANY,

 

 Plaintiff,

 

 v.

AIU INSURANCE COMPANY, et al., 

 Defendants.

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) C.A. No. N10C-07-241 MMJ 

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Submitted: April 9, 2015

Decided: June 15, 2015

Upon Plaintiff Mine Safety Appliances Company’s Exceptions to the

March 21, 2015 Opinion of the Special Discovery Master

DENIED

ORDER

JOHNSTON, J.

1. On July 11, 2014, Defendant The North River Insurance Company 

(“North River”) filed a Motion to Compel Answers and/or to Determine 

Sufficiency of Objections and Responses to Requests for Admissions and an 

Interrogatory Related Thereto (“RFA Motion”) directed to Plaintiff Mine Safety 

Appliances Company (“MSA”). Following full briefing, the Special Discovery 

Master (“Special Master”) held oral argument on September 5, 2014.
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2. During the September 5, 2014 oral argument, the parties stated that 

they would engage in meet and confer discussions to attempt to resolve the RFA 

Motion. 

3. On February 23, 2015, North River filed a Supplemental Brief in 

Support of its RFA Motion, stating that the meet and confer discussions were 

unsuccessful and a ruling is needed. 

4. In letters dated February 25, 2015, and March 2, 2015, MSA informed 

the Court of its intention to file a Motion for Partial Summary Judgment addressing 

North River’s Known Loss, Known Risk, Public Policy, Unclean Hands, and 

Misrepresentation defenses (“Five Additional Defenses”). MSA stated that the 

Five Additional Defenses are the functional equivalent of the expected or intended 

provision in the North River policies. Therefore, MSA argued that the Court’s 

March 24, 2014 Expected/Intended Opinion renders a great majority of the RFAs 

irrelevant. MSA requested that a ruling on North River’s RFA Motion be 

postponed until after the Motion for Partial Summary Judgment is decided. 

5. On March 21, 2015, the Special Master issued a ruling (“March 21, 

2015 Ruling”) declining MSA’s request to postpone the ruling and granting North 

River’s RFA Motion.
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6. On March 27, 2015, MSA filed Exceptions to the March 21, 2015 

Ruling. In its Exceptions, MSA requests that the Court stay the March 21, 2015 

Ruling until the Court decides MSA’s Motion for Partial Summary Judgment.

7. In response, North River argues that the Court should enforce the 

March 21, 2015 Ruling, compelling MSA to answer the RFA Motion, and deny 

MSA’s Exceptions. 

8. The Order of Reference to Special Master, dated December 5, 2012, 

establishes the Court’s proceedings when a party files an exception to a decision of 

the Special Master during the Course of this litigation. The Court reviews de novo

the Special Master’s Ruling.1

9. As to MSA’s Exceptions, MSA states that it is not requesting that the 

Court overturn the March 21, 2015 Ruling. Rather, MSA asks the Court to stay 

enforcement of the Ruling until after it decides MSA’s Motion for Partial 

Summary Judgment concerning North River’s Five Additional Defenses. MSA 

contends that if the Motion is granted, the March 21, 2015 Ruling should be 

overturned. Conversely, if the Motion is denied, MSA will comply with the March 

21, 2015 Ruling and will answer the discovery. 

10. MSA argues that by granting North River’s RFA Motion prior to the 

Five Additional Defenses being ruled on by the Court, the Special Master has 

 1 Trans. ID 48202156.
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burdened MSA with responding to discovery that may be irrelevant if the Motion 

for Partial Summary Judgment on the Five Additional Defenses is granted. MSA 

suggests that the parties set a new briefing schedule so that the Motion for Partial

Summary Judgment may be heard and a decision rendered before June 29, 2015, 

the previously-scheduled date for oral argument for Phase I Motions. MSA argues 

that setting an expedited schedule will alleviate concerns regarding delay in 

resolving the discovery issues. 

11. The Court disagrees with MSA’s contentions and finds that the March 

21, 2015 Ruling was correct in denying the request for postponement and ordering 

MSA to answer North River’s discovery requests. Superior Court Civil Rule 

26(b) states in pertinent part: “Parties may obtain discovery regarding any matter, 

not privileged, which is relevant to the subject matter involved in the pending 

action, whether it relates to the claim or defense of the party seeking discovery or 

to the claim or defense of any other party . . . .”2

 The Special Master stated in the 

March 21, 2015 Ruling that MSA has failed to show that the Five Additional 

Defenses are the functional equivalent of the expected or intended provision in the 

North River policies. Rather, the Five Additional Defenses are distinguishable 

from the expected or intended provision and are based on different factual, legal,

 2 Super. Ct. Civ. R. 26(b)(1).
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and policy grounds. Accordingly, North River is permitted to seek discovery on 

those issues. 

12. The Court also agrees with the Special Master that considerations of 

timing and efficiency weigh against staying the March 21, 2015 Ruling. MSA 

argues that it will be more efficient to rule on the Motion for Partial Summary 

Judgment before enforcing the March 21, 2015 Ruling because if the Motion is 

granted, a large number of RFAs will be irrelevant. However, if the Motion is 

denied, MSA will be even further delayed in providing North River with discovery 

responses. Further, if the Court stays the March 21, 2015 Ruling, North River may 

be denied the opportunity to collect discovery that may refute MSA’s contention 

that the Five Additional Defenses are the functional equivalents of the expected or 

intended provision.

13. The Court finds that the Special Master carefully considered all issues 

raised by the parties. The March 21, 2015 Ruling is consistent with applicable 

legal precedent, the Delaware Superior Court Civil Rules, and the Court’s prior 

rulings in this case. The Court is not persuaded by any exceptions to the ruling. 

Upon de novo review, the Court finds the Special Master’s ruling–granting North 

River’s Motion to Compel Answers to Requests for Admissions–to be well 

reasoned.
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THEREFORE, the Special Discovery Master’s March 21, 2015 Ruling is 

hereby APPROVED. All exceptions are hereby DENIED.

IT IS SO ORDERED.

 /s/ Mary M. Johnston__________

 The Honorable Mary M. Johnston