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CHAMPLAIN CABLE v. EMPLOYERS MUT. LIAB. INS.

479 A.2d 835 (1984)

CHAMPLAIN CABLE CORPORATION, formerly known as Haveg Industries, Inc., a corporation of the State of Delaware, Plaintiff-Appellant, v. EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN, a corporation of the State of Wisconsin, Insurance Company of North America, a corporation of the Commonwealth of Pennsylvania, Liberty Mutual Insurance Company, a corporation of the State of Massachusetts, and Charles F. Mergenthaler, Defendants-Appellees.

Supreme Court of Delaware.

Decided: May 10, 1984.

Attorney(s) appearing for the Case

Jerold Oshinsky (argued), Sherry W. Gilbert and Robert H. Shulman of Anderson, Baker, Kill & Olick, Washington, D.C., George B. Heckler, Jr. of Heckler & Cattie, Wilmington, and Thomas R. Hunt, Wilmington, and Roxanne E. Jayne, Wilmington, of counsel, of Hercules, Inc., for plaintiff-appellant.

F. Alton Tybout (argued) of Tybout, Redfearn, Casarino & Pell, Wilmington, for defendant-appellee Employers Mut. Liability Ins. Company of Wisconsin.

Robert W. Ralston of Prickett, Jones, Elliott, Kristol & Schnee, Wilmington, for defendant-appellee Ins. Co. of North America.

Julius Komissaroff (argued) of Komissaroff & Perry, Wilmington, Gerald V. Weigle, Jr. and John D. Luken of Dinsmore & Shohl, Cincinnati, Ohio, for defendant-appellee Liberty Mut. Ins. Co.

Thomas C. Crumplar (argued) of Jacobs & Crumplar, P.A., Wilmington, for defendant-appellee Charles F. Mergenthaler.

Before HERRMANN, C.J., McNEILLY and HORSEY, JJ.

HORSEY, Justice:

This appeal concerns an asbestos-related workmen's compensation coverage dispute between an employer-self-insurer and the employer's previous compensation insurance carriers. The question presented is when does insurance coverage attach and an insurer's liability result for employees who have contracted compensable occupational diseases from lengthy exposure to asbestos where the employee's exposure continues...

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