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CONTINENTAL INS. CO. v. BURR

No. 287, 1997.

706 A.2d 499 (1998)

CONTINENTAL INSURANCE COMPANY, Plaintiff Below-Appellant, v. William J. BURR, Joseph F.X. Burr, Carol A. Burr, Cheryl A. Pipher, individually and as the Administratrix of the Estate of Paul R. Pipher, II, and as next friend of Sonya M. Pipher and Paul R. Pipher, III, John M. Nagowski, III, John M. Nagowski, Jr., and Cass Nagowski a/k/a Casimera M. Nagowski, Defendants Below-Appellees.

Supreme Court of Delaware.

Decided: February 5, 1998.

Rehearing Denied March 5, 1998.

Attorney(s) appearing for the Case

Kevin J. Connors, of Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington, for Appellant.

Sherry Ruggiero Fallon (argued) and Todd M. Finchler, of Tybout, Redfearn & Pell, Wilmington; Mason B. Turner, Jr., of Prickett, Jones, Elliott, Kristol & Schnee, Wilmington; and David Roeberg, of Roeberg, Moore & Associates, P.A., Wilmington, for Appellees.

Before VEASEY, C.J., WALSH and BERGER, JJ.

BERGER, Justice:

The following question of law was certified by the United States District Court for the District of Delaware and was accepted by this Court pursuant to Article IV, § 11(9) of the Delaware Constitution and Supreme Court Rule 41:

Does a liability insurer, which has paid its policy limits into Court in an interpleader action with notice to its insured and which policy limits are apportioned and then disbursed among all potential claimants...

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