ELI LILLY AND COMPANY
v.
HOME INSURANCE COMPANY, et al.
Firemen's Fund Insurance Company, Appellant.
ELI LILLY AND COMPANY
v.
HOME INSURANCE COMPANY, et al.
Zurich American Insurance Company, Appellant.
ELI LILLY AND COMPANY
v.
HOME INSURANCE COMPANY, et al.
International Surplus Lines Insurance Company, et al., Appellants.
ELI LILLY AND COMPANY
v.
HOME INSURANCE COMPANY, et al.
Interstate Fire and Casualty Company, et al., Appellants.
ELI LILLY AND COMPANY
v.
HOME INSURANCE COMPANY, et al.
American Employers' Insurance Company, Appellant.
ELI LILLY AND COMPANY
v.
HOME INSURANCE COMPANY, et al.
Falcon Insurance Company, Appellant.
ELI LILLY AND COMPANY
v.
HOME INSURANCE COMPANY, et al.
Mutual Fire, Marine and Inland Insurance Company, Appellant.
ELI LILLY AND COMPANY
v.
HOME INSURANCE COMPANY, et al.
St. Paul Fire and Marine Insurance Company, Appellant.
ELI LILLY AND COMPANY
v.
HOME INSURANCE COMPANY, et al.
American Home Assurance Co., et al., Appellants.
ELI LILLY AND COMPANY
v.
HOME INSURANCE COMPANY, et al.
Insurance Company of North America, et al., Appellants.
ELI LILLY AND COMPANY
v.
HOME INSURANCE COMPANY, et al.
American Motorists Insurance Company, et al., Appellants.
ELI LILLY AND COMPANY
v.
HOME INSURANCE COMPANY, et al.
Aetna Casualty and Surety Company, et al., Appellants.
ELI LILLY AND COMPANY
v.
HOME INSURANCE COMPANY, et al.
Allan Peter Denis Haycock and Paul Malcolm Johnson, et al., Appellants.
ELI LILLY AND COMPANY
v.
HOME INSURANCE COMPANY, Appellant,
Insurance Company of North America, et al.
ELI LILLY AND COMPANY
v.
HOME INSURANCE COMPANY, et al.
Travelers Indemnity Company, Appellant.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued May 13, 1985.
Decided June 18, 1985.
Attorney(s) appearing for the Case
George Marshall Moriarty, Boston, Mass., with whom Kenneth W. Erickson, Boston, Mass., Michael Nussbaum, Earl C. Dudley, Jr., Dennis M. Flannery, A. Stephen Hut, Jr., Jeffrey Kaufman, Donald M. Gilberg, Washington, D.C., Sheila L. Birnbaum, New York City, Lawrence E. Carr, Jr., James F. Lee, Jr., James E. Rocap, III, Stephen J. Nightingale, James P. Schaller, and M. Elizabeth Medaglia, Washington, D.C., were on joint brief, for appellants. K. Thomas Shahriari, Laguna Hills, Cal., entered an appearance for appellant Firemen's Fund Ins. Co. William J. Hickey, Jr., Darnestown, Md., entered an appearance for appellant Zurich American Ins. Co. James W. Greene, Washington, D.C., entered an appearance for appellants Intern. Surplus Lines Ins. Co., et al. Brian C. Shevlin, Arlington, Va., entered an appearance for appellant Interstate Fire and Cas. Co. and was on the supplemental brief of appellant Interstate Indem. Co. R. Harrison Pledger, Jr., McLean, Va., entered an appearance for appellant St. Paul Fire and Marine Ins. Co. Joseph K. Brenner, Washington, D.C., entered an appearance for appellants Ins. Co. of North America, et al. Brendan V. Sullivan, Jr. and John J. Buckley, Jr., Washington, D.C., entered appearances for appellants American Motorists Ins. Co., et al. John T. Montgomery, Boston, Mass., and Thomas M. Susman, Washington, D.C., entered appearances for appellants Allan Peter Denis Haycock and Paul Malcolm Johnson. John M. Nannes, New York City, entered an appearance for appellant Home Ins. Co. of North America. Margaret H. Warner, Washington, D.C., entered an appearance for appellant Travelers Indem. Co.
Richard H. Gimer, M. Stuart Madden, Stephen L. Humphrey and Carl J. Peckinpaugh, Washington, D.C., were on supplemental brief of appellants Falcon Ins. Co. and Mut. Fire, Marine and Inland Ins. Co.
Theodore R. Boehm, with whom Ralph Earle II, Michael A. Nardolilli and Christopher G. Scanlon, Washington, D.C., were on brief, for appellee Eli Lilly and Co.
Before WRIGHT, TAMM and WALD, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the court filed by Circuit Judge J. SKELLY WRIGHT.
Dissenting statement filed by Circuit Judge TAMM.
J. SKELLY WRIGHT, Circuit Judge:
We review a grant of summary judgment in favor of Eli Lilly and Company in its declaratory judgment suit against various insurance companies. Eli Lilly's suit concerns the scope of coverage for claims arising from the company's manufacture and sale of the drug DES (diethylstilbestrol). The District Court...
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