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OFFICE STRUCTURES, INC. v. HOME INS. CO.

503 A.2d 193 (1985)

OFFICE STRUCTURES, INC. and Rodney Square Associates, Plaintiffs Below, Appellants, v. HOME INSURANCE COMPANY and Home Indemnity Company and Ci-De, Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: December 30, 1985.

Rehearing Denied: February 4, 1986.

Attorney(s) appearing for the Case

Wayne N. Elliott and Michael P. Kelly (argued) of Prickett, Jones, Elliott, Kristol & Schnee, Wilmington, for plaintiffs below, appellants.

Richard W. Pell and Anne L. Naczi (argued) of Tybout, Redfearn, Casarino & Pell, Wilmington, for Home Ins. Co. and Home Indem. Co., defendants below, appellees.

James F. Kipp and Robert K. Pearce (argued) of Trzuskowski, Kipp, Kelleher & Pearce, P.A., Wilmington, for Ci-De, defendant below, appellee.

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

McNEILLY, Justice:

At issue in these companion cases is whether the defendant subcontractor or its insurer owes the plaintiff contractor a defense and coverage under the parties' contract for claims asserted against the contractor in an underlying personal injury action. The contractor filed declaratory judgment actions in the Superior Court while the underlying tort suit was pending. The Superior Court granted the defendants' Motions for Summary Judgment in these...

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