HENLOPEN HOTEL CORPORATION v. AETNA INSURANCE COMPANY

Civ. A. Nos. 2503, 2529, 2568, 2597-2599, 2493.

251 F.Supp. 189 (1966)

HENLOPEN HOTEL CORPORATION, a Delaware corporation, also known as Hotel Henlopen, Inc., Plaintiff, v. AETNA INSURANCE COMPANY, a Connecticut corporation, et al., Defendants. HENLOPEN HOTEL CORPORATION, a Delaware corporation, also known as Hotel Henlopen, Inc., and Lake Gerar Hotel Corporation, a Delaware corporation, Plaintiffs, v. AMERICAN INSURANCE COMPANY, a New Jersey corporation, and Agricultural Insurance Company, a New York corporation, Defendants. Eugene H. FINN and Florence I. Finn, his wife, Plaintiffs, v. FIREMAN'S FUND INSURANCE COMPANY, a California corporation, Defendant. Maurice STEIN, trading as Stuart Kingston Company, Plaintiff, v. BOSTON INSURANCE COMPANY, Reliance Insurance Company, Insurance Company of North America, Home Insurance Company of New York, Defendants. Garnett D. HORNER and Leota S. Horner, his wife, Plaintiffs, v. LIBERTY MUTUAL FIRE INSURANCE COMPANY, a Massachusetts corporation, Defendant.

United States District Court D. Delaware.

February 24, 1966.


Attorney(s) appearing for the Case

Nos. 2503, 2529:

Samuel R. Russell, of Bayard, Brill, Russell & Handelman, Wilmington, Del., for plaintiffs.

William Prickett, of Prickett & Prickett, Wilmington, Del., for defendants.

Nos. 2568, 2597-2599, 2493:

Courtney H. Cummings, Jr., of Killoran & Van Brunt, Wilmington, Del., for plaintiffs.

William Prickett, of Prickett & Prickett, Wilmington, Del., for defendants.


LAYTON, District Judge.

In March 1962, a northeast storm of almost unprecedented proportions created tremendous damage to buildings and other structures along the Atlantic Coast including Delaware. A large number of suits were instituted in this Court against insurance companies for the recovery of losses under policies which, in general, permitted recovery for damages caused solely by wind but not by ocean water or wind and water acting simultaneously and in concert...

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