Delaware Court Rejects Appeal in Lawsuit over Refinery Deaths

June 16, 2008

Delaware’s Supreme Court has rejected an appeal by the owners of the Delaware City oil refinery in an insurance lawsuit involving the deaths of two workers.

Premcor Refining Group and Valero Energy sought permission to appeal a ruling that Premcor’s insurance company has to cover only up to $9 million in compensatory damages in connection with two wrongful death actions.

The Superior Court also ruled last month that the insurance company did not have to cover any punitive damages against Premcor.

On Wednesday, a three-judge panel of the Supreme Court agreed with the lower court that an interlocutory review of the Superior Court’s decision before the case is resolved was not appropriate.

The lawsuit involves the deaths of two contract workers who were overcome by nitrogen gas while working on a tank in 2005.

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