E.I. DU PONT DE NEMOURS AND COMPANY, Plaintiff Below, Appellant,
v.
ALLSTATE INSURANCE COMPANY, et al., Defendants Below, Appellees.
Supreme Court of Delaware.https://leagle.com/images/logo.png
Submitted: October 15, 1996.
Decided: January 3, 1997.
Attorney(s) appearing for the Case
Charles S. Crompton, Jr. and Richard L. Horwitz, Potter, Anderson & Corroon, Wilmington; Richard Allen Paul and Erin Kelly, E.I. du Pont de Nemours and Company, Wilmington; of counsel: Peter J. Kalis, Michael J. Lynch (argued), and Carolyn M. Branthoover, Kirkpatrick & Lockhart, LLP, Pittsburgh, PA, for Appellant.
Judith Nichols Renzulli, Duane, Morris & Heckscher, Wilmington; of counsel: Bert W. Rein (argued), Richard L. McConnell and Elizabeth A. Eastwood, Wiley, Rein & Fielding, Washington, DC; and Robert F. Cusumano, Simpson, Thacher & Bartlett, New York City, for Appellee The Travelers Indemnity Company.
Laurence V. Cronin, Smith, Katzenstein & Furlow, Wilmington; of counsel: Stefano Calogero and Gregg S. Sodini (argued), Cuyler Burk, Parsippany, NJ, for Appellee Allstate Insurance Company.
Henry E. Gallagher, Jr., Connolly, Bove, Lodge & Hutz, Wilmington; of counsel: Susan Keyack and Ralph J. Luongo, Christie, Pabarue, Mortensen & Young, Philadelphia, PA, for Appellees Commercial Union Insurance Company and The Employers Liability Assurance Corporation, Ltd.
Richard K. Herrmann and Mary B. Matterer, Stradley, Ronon, Stevens & Young, Wilmington, for Appellees European General Reinsurance Company, Gerling Konzern Allegemaine Versicherungs Acktiengesellschaft, Swiss Reinsurance Company, Ltd., and National Casualty Company.
Francis J. Murphy, Murphy, Welch & Spadaro, Wilmington, for Appellees Argonaut-Northwest Insurance Company and Certain Underwriters at Lloyd's, London, and Certain London Market Insurance Companies.
Norman M. Monhait and Carmella P. Keener, Rosenthal, Monhait, Gross & Goddess, Wilmington, for Appellees The Home Insurance Company.
C. Scott Reese, Cooch and Taylor, Wilmington, for Amicus Curiae Insurance Environmental Litigation Association.
Before VEASEY, C.J., WALSH, HOLLAND, and BERGER, JJ., and HORSEY, J., Retired, constituting the Court en Banc.
Supreme Court of Delaware.
PER CURIAM.
This is an interlocutory appeal in a coverage dispute between E.I. du Pont de Nemours & Co. and several insurance companies over the extent of the insurers' liability for certain environmental claims. In response to cross motions for partial summary judgment, the Superior Court held that (i) since the contamination at issue was part of a continuous damage process, all insurance policies in effect during that process are triggered; and (ii) each insurer...
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