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NEW CASTLE COUNTY v. NATIONAL UNION FIRE INS. CO.

No. 98-7091.

174 F.3d 338 (1999)

NEW CASTLE COUNTY, DELAWARE, Appellant, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.

United States Court of Appeals, Third Circuit.

Decided April 23, 1999.

Attorney(s) appearing for the Case

Peter J. Walsh, Jr. (Argued), Peter L. Tracey, Potter Anderson & Corroon LLP, Wilmington, DE, for Appellant.

James F. Bailey Jr., Christopher J. Sipe (Argued), Bailey & Wetzel, P.A., Wilmington, DE, for Appellee.

Before: STAPLETON and NYGAARD, Circuit Judges, and GOLDBERG, Judge.

OPINION OF THE COURT

GOLDBERG, Judge:

I. INTRODUCTION

This case reviews whether a provision in an insurance policy is ambiguous. Upon review of the relevant case law and the tenets of contract construction, we find there are two reasonable interpretations of the policy language. Therefore, pursuant to Delaware law, we conclude that the provision is ambiguous, and we construe it in favor of the insured. We remand the case to the District Court for...

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