No. 579, 2008.Supreme Court of Delaware.
May 12, 2009.
Court Below: Superior Court of the State of Delaware in and for New Castle County, C.A. No. 07C-05-171.
Before BERGER, JACOBS and RIDGELY, Justices.
ORDER
HENRY DUPONT RIDGELY, Justice.
This 12th day of May 2009, upon consideration of the briefs of the parties and their contentions at oral argument, it appears to the Court that there are material issues of fact as to whether Appellants’ alleged injuries were inherently unknowable and whether Appellants were blamelessly ignorant of Appellees’ alleged fraud of understating the tax risks associated with Appellants’ Corporate-Owned Life Insurance program. These material issues of fact preclude summary judgment on the Statute of Limitations, 10 Del. C. § 8106, in favor of Appellees.
NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is REVERSED and this matter isREMANDED for further proceedings consistent with this Order.