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CSX v. CONTINENTAL INSURANCE CO.

No. 49, Sept. Term, 1994.

680 A.2d 1082 (1996)

343 Md. 216

CSX TRANSPORTATION, INC. et al. v. CONTINENTAL INSURANCE COMPANY et al.

Court of Appeals of Maryland.

August 7, 1996.

Attorney(s) appearing for the Case

Joseph D. Tydings (Michael A. Nardolilli, Lee M. Straus, Anderson Kill Olick & Oshinsky, Washington, DC; Stephen B. Caplis, Lisa A. Lett, Whiteford, Taylor & Preston, Baltimore; R. Templeton Fitch, Jacksonville, FL, all on brief), for Appellants.

James E. Gray (Linda S. Woolf, Goodell, DeVries, Leech & Gray, Baltimore; Stephen A. Cozen, Thomas G. Wilkinson, James E. Brown, Cozen and O'Connor, Philadelphia, PA, on brief) (James E. Rocap, III, Cathy J. Burdette, J. Bradley Bennett, Miller, Cassidy, Larroca & Lewin; Roger W. Yoerges, Denise Esposito, Wilmer, Cutler & Pickering, Washington, DC, on brief), for Appellees.

W. Fain Rutherford, Frank K. Friedman, Woods, Rogers & Hazlegrove, P.L.C., Roanoke, VA; Stephen A. Trimble, Patrick Kavanaugh, Hamilton & Hamilton, Washington, DC, for Amicus Curiae, Norfolk Southern Corporation.

Argued before ELDRIDGE, RODOWSKY, CHASANOW, KARWACKI, BELL and RAKER, JJ., and JOHN F. McAULIFFE, Judge (retired), Specially assigned.

BELL, Judge.

This appeal had its genesis in an action for declaratory judgment to resolve a coverage dispute with CSX Transportation, Inc. ("CSXT"), filed in the Circuit Court for Baltimore County by several insurance companies. At the center of the coverage controversy was what constitutes "an occurrence" and the number of occurrences giving rise to the noise induced hearing loss ("NIHL") suffered by past and present employees...

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