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NEW CASTLE COUNTY v. HARTFORD ACC. AND INDEM. CO.

No. 91-3857.

970 F.2d 1267 (1992)

NEW CASTLE COUNTY v. HARTFORD ACCIDENT AND INDEMNITY COMPANY, a corporation of the State of Connecticut, Home Insurance Company, a corporation of the State of New Hampshire, New Hampshire Insurance Company, a corporation of the State of New Hampshire, Continental Casualty Company, a corporation of the State of Illinois, United States Fire Insurance Company, a corporation of the State of New York, Insurance Company of North America, a corporation of the State of Pennsylvania, Continental Insurance Company, a corporation of the State of New Hampshire, United States Liability Insurance Co., a corporation of the State of Pennsylvania, National Union Fire Insurance Company, a corporation of the Commonwealth of Pennsylvania, Twin City Fire Insurance Company, a corporation of the State of Minnesota, Aetna Casualty and Surety Company, a corporation of the State of Connecticut, and Zurich Insurance Company, A Swiss corporation, Continental Casualty Company ("CNA"), Appellant.

United States Court of Appeals, Third Circuit.

Decided July 28, 1992.

As Amended August 4, 1992.

Attorney(s) appearing for the Case

Arthur Makadon (argued), Geoffrey A. Kahn, Walter M. Einhorn, Jr., Ballard, Spahr, Andrews & Ingersoll, Philadelphia, Pa., Michael J. Goodrick, John G. Mulford, Theisen, Lank, Mulford & Goldberg, Wilmington, Del., for appellant.

Thomas W. Brunner, Wiley, Rein, Fielding, Washington, D.C., for amicus-appellant.

George H. Seitz, III, Prickett, Jones, Elliott, Kristol & Schnee, Lydia F. Anderson, New Castle County Law Dept., Wilmington, Del., Joseph D. Tydings (argued), Catherine J. Serafin, Anderson, Kill, Olick & Oshinsky, Washington, D.C., for appellee.

William H. Allen, Covington & Burling, Washington, D.C., for amici-appellee.

Before: GREENBERG and NYGAARD, Circuit Judges, and POLLAK, District Judge.

OPINION OF THE COURT

NYGAARD, Circuit Judge.

This diversity case is a protracted insurance dispute which has spanned seven years and produced six published opinions. This one makes seven. Continental Casualty Company appeals from a declaratory judgment in favor of New Castle County declaring that under the comprehensive general liability insurance policy Continental has a duty to defend and indemnify New Castle for liability incurred when it discharged pollutants...

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