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NORTHWESTERN NAT. INS. CO. v. ESMARK, INC.

No. 146, 1995.

672 A.2d 41 (1996)

NORTHWESTERN NATIONAL INSURANCE COMPANY, a Wisconsin corporation, Plaintiff Below-Appellant, v. ESMARK, INC., a Delaware corporation, Beatrice Companies, Inc., a Delaware corporation, Playtex, Inc., a Delaware corporation, Playtex FP, Inc., a Delaware corporation, International Playtex, Inc., a dissolved Delaware corporation, Defendants Below-Appellees.

Supreme Court of Delaware.

Decided: February 14, 1996.

Attorney(s) appearing for the Case

Stephen P. Casarino, Kenneth M. Doss of Casarino, Christman & Shalk, Wilmington (H. Wesley Sunu (argued), of Tribler & Orpett, P.C., Chicago, Illinois, of counsel), for Appellant.

Donald E. Reid, Andrea L. Rocanelli of Morris, Nichols, Arsht & Tunnell, Wilmington (William J. McSherry, Jr. (argued), Stewart Klein, of Battle Fowler LLP, New York City, of counsel), for Appellees.

Before HOLLAND, HARTNETT and BERGER, JJ.

BERGER, Justice:

This is an appeal from a decision by the Superior Court denying indemnification under a hold harmless agreement between an insurance company and its insured. Appellant, Northwestern National Insurance Company ("Northwestern"), issued primary liability insurance policies to appellee, Esmark, Inc. ("Esmark"), in connection with Esmark's multi-layered insurance program covering its subsidiary, Playtex, Inc.,...

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