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EON LABS MFG., INC. v. RELIANCE INS. CO.

No. 417, 1999.

756 A.2d 889 (2000)

EON LABS MANUFACTURING, INC., Defendant, Crossclaim Plaintiff Below, Appellant, v. RELIANCE INSURANCE COMPANY and United Pacific Insurance, Plaintiffs, Crossclaim Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: June 30, 2000.

Attorney(s) appearing for the Case

George H. Seitz, III, Esquire, Patricia Pyles McGonigle, Esquire of Seitz, VanOgtrop & Green, Wilmington, Delaware; Of Counsel: Thomas C. Papson, Esquire (argued), Daniel G. Jarcho, Esquire, Todd A. Suko, Esquire, of McKenna & Cuneo, Washington, D.C., for Appellant.

Barry M. Klayman, Esquire, of Wolf, Block Schorr and Solis-Cohen, Wilmington, Delaware; Of Counsel: Jacob C. Cohn, Esquire (argued) of Wolf, Block, Schorr and Solis-Cohen, Philadelphia, Pennsylvania, for Appellees.

Before VEASEY, Chief Justice, HARTNETT and BERGER, Justices.

VEASEY, Chief Justice:

The central question in this appeal is whether an insurer of a manufacturer has a duty to defend third party claims (in this case mass tort claims known as the "fenphen suits") against that manufacturer where: (1) the insurer's policy excludes coverage for bodily injury claims of third parties against the manufacturer "arising out of your product" (the "products hazard exclusion"); and (2) the third...

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