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NEW CASTLE COUNTY, DE v. NATIONAL UNION FIRE INS.

No. 00-5157.

243 F.3d 744 (2001)

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

United States Court of Appeals, Third Circuit.

Filed March 21, 2001.

Attorney(s) appearing for the Case

Richard E. Poole, Esq. Peter J. Walsh, Jr., Esq. (Argued) Potter, Anderson & Corroon 1313 Market Street P.O. Box 951 Wilmington, DE 19899, Counsel for Appellant.

Christopher J. Sipe, Esq. (Argued) Bailey & Wetzel 716 Tatnall Street P.O. Box 2034 Wilmington, DE 19801, Counsel for Appellee.

Daniel E. Troy, Esq. Wiley, Rein & Fielding 1776 K Street, N.W. Washington, DC 20006, Counsel for Amicus-appellee INS ENV Litigation.

BEFORE: SCIRICA, NYGAARD, and BARRY, Circuit Judges.

OPINION OF THE COURT

NYGAARD, Circuit Judge.

This appeal requires us to interpret the phrase, "invasion of the right of private occupancy," under Delaware law and determine whether it is ambiguous. The phrase is widely used in insurance policies and has been the subject of heated litigation throughout the entire country over the past thirty years. Because Delaware case law provides no clear precedent, both...

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