HOECHST CELANESE v. CERTAIN UNDERWRITERS

No. 337, 1994.

656 A.2d 1094 (1995)

HOECHST CELANESE CORPORATION and Celanese Engineering Resins, Inc., Corporations of the State of Delaware, Plaintiffs Below, Appellants, v. CERTAIN UNDERWRITERS AT LLOYD'S, LONDON, and London Market Insurance Companies; Columbia Casualty Insurance Company; Federal Insurance Company; First State Insurance Company; Government Employees Insurance Company; Hartford Accident & Indemnity Company; Hudson Insurance Company; New England Insurance Company; New England Reinsurance Corporation; North River Insurance Company; and Twin City Fire Insurance Company, Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: March 30, 1995.

Rehearing Denied April 24, 1995.


Attorney(s) appearing for the Case

Richard E. Poole, James F. Burnett, David J. Baldwin, W. Harding Drane, Jr. and William R. Denny of Potter, Anderson & Corroon, Wilmington, and Eugene R. Anderson, Jordan S. Stanzler (argued), Lorelie S. Masters, Jean M. Farrell, Richard P. Lewis and Koorosh Talieh of Anderson, Kill, Olick & Oshinsky, Washington, DC, for appellants.

Francis J. Murphy and John S. Spadaro (argued), of Murphy, Welch & Spadaro, Wilmington, and Daniel M. Bianca, John A. Catania, Joseph P. Gunset and Anne-Rose van den Bossche of Mendes & Mount, New York City, for appellees London Market Insurers.

Before WALSH, HOLLAND, and HARTNETT, JJ.


HOLLAND, Justice.

This is an interlocutory appeal by Hoechst Celanese Corporation and Celanese Engineering Resins, Inc. ("HCC") from the entry of summary judgment by the Superior Court in favor of the London Market Insurers ("London"). The Superior Court certified this interlocutory appeal on August 26, 1994. This Court accepted the appeal on September 1, 1994.

This Court has concluded that the Superior Court erred...

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