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HARLEYSVILLE INS. CO. v. CHURCH INS. CO.

No. 221,2005.

892 A.2d 356 (2005)

HARLEYSVILLE INSURANCE COMPANY, Defendant Below, Appellant, Cross-Appellee, v. The CHURCH INSURANCE COMPANY, Plaintiff Below, Appellee, Cross-Appellant, and National Union Fire Insurance Company of Pittsburgh, PA., Defendant Below, Appellee and Charles A. Brown, Plaintiff-Below, Appellee.

Supreme Court of Delaware.

Decided: November 16, 2005.

Attorney(s) appearing for the Case

Stephen P. Casarino (argued) and Thomas P. Leff (argued) of Casarino, Christman & Shalk, P.A., Wilmington, DE, for appellant Harleysville Insurance Company.

Daniel A. Griffith (argued) and Jos. Scott Shannon of Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE, for appellee the Church Insurance Company.

Anthony G. Flynn and Timothy J. Houseal of Young, Conaway, Stargatt & Taylor, L.L.P., Wilmington, DE; John C. Sullivan (argued) of Post & Schell, P.C., Philadelphia, PA, for appellee National Union Fire Insurance Company.

Before STEELE, Chief Justice, HOLLAND, and BERGER, Justices.

STEELE, Chief Justice.

A personal injury plaintiff, Charles Brown, was injured when a fire escape ladder attached to the property owned by Cathedral Community Services and managed by Capital Management Company fell on his head. Cathedral had a general liability policy with Church Insurance Company and an excess umbrella policy with National Union Fire Insurance Company. Capital had a general liability policy with Harleysville Insurance Company. Church defended Cathedral...

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