NEW CASTLE COUNTY, Plaintiff,
v.
HARTFORD ACCIDENT AND INDEMNITY COMPANY, a Connecticut corporation; Home Insurance Company, a New Hampshire corporation; New Hampshire Insurance Company, a New Hampshire corporation; Continental Casualty Company, an Illinois corporation; United States Fire Insurance Company, a New York corporation; Insurance Company of North America, a Pennsylvania corporation; Continental Insurance Company, a New Hampshire corporation; United States Liability Insurance Company, a Pennsylvania corporation; National Union Fire Insurance Company, a Pennsylvania corporation; Twin City Fire Insurance Company, a Minnesota corporation; Aetna Casualty and Surety Company, a Connecticut corporation; and Zurich Insurance Company, a Swiss corporation, Defendants.
United States District Court, D. Delaware.https://leagle.com/images/logo.png
October 31, 1991.
As Amended November 21, 1991.
Attorney(s) appearing for the Case
George H. Seitz of Prickett, Jones, Elliot, Kristol & Schnee, Wilmington, Del., and Joseph D. Tydings, Jerold Oshinsky, and Catherine J. Serafin Sponseller of Anderson, Kill, Olick & Oshinsky, Washington, D.C., of counsel, for plaintiff New Castle County.
John G. Mulford and Michael J. Goodrick of Theisen, Lank, Mulford & Goldberg, Wilmington, Del., and Arthur Makadon, David L. Cohen, Geoffrey A. Kahn, Walter Einhorn, Jr., and Gilpin W. Bartels of Ballard, Spahr, Andrews & Ingersoll, Philadelphia, Pa., of counsel, for defendant Continental Cas. Co.
Clifford B. Hendler, John I. Stewart, Jr., Scott L. Winkelman, and William D. Wallace of Crowell & Moring, Washington, D.C., and Dennis M. Flannery and A. Stephen Hut, Jr., of Wilmer, Cutler & Pickering, Washington, D.C., of counsel, for defendant Insurance Co. of North America.
William J. Cattie III of Heckler & Cattie, Wilmington, Del., and Edward B. Deutsch, Laurence M. McHeffey and Loren L. Pierce of McElroy, Deutsch & Mulvaney, Morristown, N.J., of counsel, for defendant U.S. Fire Ins. Co.
Gary W. Aber of Heiman, Aber & Goldlust, Wilmington, Del., and James E. Rocap III, Thomas B. Carr and D. Bradley Clements of Miller, Cassidy, Larroca & Lewin, Washington, D.C., of counsel, for defendant Aetna Cas. & Sur. Co.
Dennis D. Ferri and Michael A. Pedicone of Dennis D. Ferri, P.A., Wilmington, Del., and Philip A. Ryan of German, Gallagher & Murtagh, Philadelphia, Pa., of counsel, for defendant U.S. Liability Ins. Co.
Norman M. Monhait of Rosenthal, Monhait & Gross, Wilmington, Del., and Roger E. Warin, Virginia L. White-Mahaffey, Anita G. Raby and Janet W. Steverson-Wright of Steptoe & Johnson, Washington, D.C., of counsel, for defendant The Home Ins. Co.
United States District Court, D. Delaware.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
LATCHUM, Senior District Judge.
I. NATURE OF THE ACTION
New Castle County (the "County") originally filed this action against twelve insurance companies which had issued insurance policies to the County. The County sought a declaration that the insurance companies must defend and indemnify the County. The County had incurred liability as a result of pollution from two landfills, Langollen and Tybouts Corner...
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