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HOECHST CELANESE v. NATIONAL UNION INS.

623 A.2d 1133 (1992)

HOECHST CELANESE CORPORATION and Celanese Engineering Resins, Inc., corporations of the State of Delaware, Plaintiffs, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA, et al., Defendants. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA, et al., Third-Party Plaintiffs, v. CENTAUR INSURANCE COMPANY, et al., Third-Party Defendants.

Superior Court of Delaware, New Castle County.

Date Decided: June 17, 1992.

Attorney(s) appearing for the Case

Richard E. Poole and David J. Baldwin of Potter, Anderson & Corroon, Wilmington, for plaintiffs.

Howard M. Berg, Paul Cottrell, and Diane J. Bartels of Berg, Tighe & Cottrell, Wilmington, coordinating counsel for defendants.

OPINION

GEBELEIN, Judge.

Certain high level excess insurer defendants have moved to dismiss the complaint filed in this declaratory judgment action on the basis that no justiciable controversy exists between them and plaintiffs. For the reasons set forth below the motions are denied.

Background

On September 8, 1989, plaintiffs Hoechst Celanese...

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