ABB FLAKT, INC., a corporation of the State of Delaware, Plaintiff Below, Appellant,
v.
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., Birmingham Fire Insurance Company of Pennsylvania, First State Insurance Company, Twin City Fire Insurance Company, Atlantic Mutual Insurance Company, Centennial Insurance Company, International Insurance Company, and Aetna Casualty and Surety Company, Defendants Below, Appellees.
Supreme Court of Delaware.https://leagle.com/images/logo.png
Submitted: June 8, 1999.
Decided: June 28, 1999.
Attorney(s) appearing for the Case
Donald E. Marston, Sullivan & Marston, P.A., Wilmington, and William C. Eustace (argued) and Tracy Alan Saxe (argued), Saxe, Eustace & Vita, P.C., New Haven, Connecticut, for appellant.
Anthony G. Flynn and Timothy Jay Houseal, Young, Conaway, Stargatt & Taylor, LLP, Wilmington and M. Elizabeth Medaglia (argued), Robert N. Kelly, Peter von Mehren, Jackson & Campbell, P.C., Washington, D.C., for appellees National Union Fire Insurance Company of Pittsburgh, Pa. and Birmingham Fire Insurance Company of Pennsylvania.
Donald M. Ransom, Casarino, Christman & Shalk, Wilmington, and Wendy L. Mager (argued) and Lisa Dorio Ruch, Smith, Stratton, Wise, Heher & Brennan, Princeton, New Jersey, for appellees Atlantic Mutual Insurance Company and Centennial Insurance Company.
Sherry Ruggiero Fallon, Tybout, Redfearn & Pell, Wilmington, for appellees First State Insurance Company and Twin City Fire Insurance Company.
Paul Cottrell, Tighe, Cottrell & Logan, P.A., Wilmington, and Jeffrey A. Goldwater, Arthur F. Brandt, and Ann M. Edmonds, Bollinger, Ruberry & Garvey, Chicago, Illinois, for appellee International Insurance Company.
Richard K. Herrmann and Mary B. Matterer, Blank, Rome Comisky & McCauley, LLP, Wilmington, and Richard T. Lunger, Rivkin, Radler & Kremer, Uniondale, New York, for appellee Aetna Casualty & Surety Company.
Before VEASEY, Chief Justice, WALSH, HOLLAND, HARTNETT and BERGER, Justices, constituting the Court en Banc.
Supreme Court of Delaware.
WALSH, Justice:
In this appeal we review the Superior Court's grant of summary judgment in two consolidated declaratory judgment actions relating to "advertising injury" policy provisions contained in general liability insurance policies. The Superior Court ruled that the underlying provisions were unambiguous and did not provide coverage for patent infringement. The court found that patent infringement did not fall within...
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