EMPLOYERS' LIABILITY ASSURANCE CORPORATION, LTD. v. HOECHST CELANESE CORPORATION.

No. 96-P-184.

43 Mass. App. Ct. 465 (1997)

EMPLOYERS' LIABILITY ASSURANCE CORPORATION, LTD., & others v. HOECHST CELANESE CORPORATION.

Court of Appeals of Massachusetts, Suffolk.

September 4, 1997.


Attorney(s) appearing for the Case

Sheldon Karasik, of New York, for American Home Assurance Company & others.

John T. Harding, Jr., for Continental Casualty Company & another.

Richard Feldman for Employers' Liability Assurance Corporation, Ltd., & others.

William J. Cheeseman for the defendant.

R. Paul Roecker, for The Home Insurance Company, was present but did not argue.

Present: PERRETTA, KAPLAN, & DREBEN, JJ.


KAPLAN, J.

This is an interlocutory appeal by eleven insurance companies, plaintiffs (now reduced to nine plaintiffs because of settlements pending appeal), from an order of the Superior Court so far as it denied their motions for summary judgment in the declaratory action they have maintained against their insured, Hoechst Celanese Corporation (HCC), defendant.

The plaintiffs issued policies affording various layers of "excess" insurance in favor of HCC over...

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