PLAYTEX FP, INC. v. COLUMBIA CAS. CO.


609 A.2d 1083 (1991)

PLAYTEX FP, INC., formerly known as Playtex Family Products, Inc., a Delaware corporation, Playtex Services Corp., a Delaware corporation; Playtex Family Products Corporation, a Delaware corporation; Playtex FP Group Incorporated, a Delaware corporation; Playtex, Inc., a dissolved Delaware corporation; International Playtex, Inc., a dissolved Delaware corporation, Plaintiffs, v. COLUMBIA CASUALTY COMPANY, an Illinois corporation; Northwestern National Insurance Company, a Wisconsin corporation; Delaware Insurance Guaranty Association, a non-profit Delaware unincorporated association; National Union Fire Insurance Company, a Pennsylvania corporation; International Insurance Company, an Illinois corporation; AIU Insurance Company, a New York corporation, Defendants, v. ESMARK, INC., a Delaware corporation; Beatrice Companies, Inc., a Delaware corporation; Coca Cola Bottling Company of San Diego, a California corporation, Counterclaim Defendants.

Superior Court of Delaware, New Castle County.

Decided: September 18, 1991.


Attorney(s) appearing for the Case

Walter L. Pepperman, II, James Lawless, IV, Morris, Nichols, Arsht & Tunnell, Wilmington, and William J. McSherry, Jr., Battle Fowler, New York City, and Robert N. Sayler, Covington & Burling, Washington, D.C., and Stephen D. Chakwin, Jr., Playtex, Inc., Stamford, Conn., for plaintiffs.

Irving Morris, Morris and Morris, and Kevin Gross, Rosenthal, Monhait & Gross, P.A., Wilmington, and William H. Briggs, Jr., Rebecca L. Ross, Ross, Dixon & Masback, Washington, D.C., and Julian C. Campbell, Jr., Hinshaw, Culbertson, Moelmann, Hoban & Fuller, Chicago, Ill., for defendant Columbia Cas. Co.

Howard M. Berg, Berg, Bifferato, Tighe & Cottrell, P.A., Wilmington, and Jeffrey J. Bouslog, Oppenheimer, Wolff & Donnelly, St. Paul, Minn., for defendant International Ins. Co., AIU Ins. Co. and National Union Fire Ins. Co.

Stephen P. Casarino, Casarino, Christman & Shalk, Wilmington, and Dion J. Sartorio, Tribler & Orpett, P.C., Chicago, Ill., for defendant Northwestern Nat. Ins. Co.

Nancy E. Chrissinger, Tybout, Redfearn & Pell, Wilmington, for Delaware Ins. Guar. Ass'n.

Gerald G. Saltarelli, Butler, Rubin, Newcomer, Saltarelli & Boyd, Chicago, Ill., for counterclaim defendants Esmark, Inc., and Beatrice Companies, Inc.


OPINION

DEL PESCO, Judge.

The question of the standard of review to be applied to the Master's decisions has been raised by the parties in their briefs on the crime or fraud issue. Since this issue is preliminary to and independent of the crime or fraud exceptions, and since the result may affect the Master's continuing efforts, it must be promptly decided.

In the Order of Reference (O.R.), dated March...

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