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PLAYTEX FAMILY PROD. v. ST. PAUL SURPLUS

Civ. A. Nos. 88C-FE-166, 88C-JN-156.

564 A.2d 681 (1989)

PLAYTEX FAMILY PRODUCTS, INC., a Delaware corporation, and International Playtex, Inc., a dissolved Delaware Corporation, Plaintiffs, v. ST. PAUL SURPLUS LINES INSURANCE COMPANY, National Union Fire Insurance Company, International Insurance Company, Granite State Insurance Company and AIU Insurance Company, Defendants.

Superior Court of Delaware, New Castle County.

Decided: April 13, 1989.

Attorney(s) appearing for the Case

Walter L. Pepperman, II, and James Lawless, IV, Morris, Nichols, Arsht & Tunnell, Wilmington, and William J. McSherry, Jr., Bryan, Cave, McPheeters & McRoberts, New York City, for plaintiffs.

Wayne N. Elliott, Vernon R. Proctor, and Philip B. Obbard, Prickett, Jones, Elliott, Kristol & Schnee, Wilmington and Thomas P. Kane, Edward M. Laine, and Bethany K. Culp, Oppenheimer, Wolff & Donnelly, St. Paul, Minn., for defendants.

OPINION

CHANDLER, Vice-Chancellor.*

These consolidated cases arise from a disagreement over the meaning of a one sentence paragraph that appears in several insurance contracts. The plaintiffs, major corporate citizens of Delaware, are the subsidiary and the successor to the subsidiary of Esmark, Inc., an Illinois corporation which served as a holding company for a large number of manufacturing...

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