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SHOOK & FLETCHER v. SAFETY NAT. CAS. CORP.

No. 532, 2005.

909 A.2d 125 (2006)

SHOOK & FLETCHER ASBESTOS SETTLEMENT TRUST, as Successor to Certain Assets and Liabilities of Shook & Fletcher Insulation Co., on the Trust's Own Behalf and on Behalf of the Shook Payment Trust, Plaintiff Below, Appellant, v. SAFETY NATIONAL CASUALTY CORPORATION, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: September 26, 2006.

Attorney(s) appearing for the Case

John E. James and Richard L. Horwitz, of Potter, Anderson & Corroon, L.L.P., Wilmington, DE; Richard D. Shore, Mark A. Packman, Richard D. Milone (argued), and Stephen T. Raptis, of Gilbert, Heintz & Randolph, L.L.P., Washington, DC, for Appellant.

John S. Spadaro and Jonathan L. Parshall, of Murphy, Spadaro & Landon, Wilmington, DE; Andrew K. Epting, Jr. (argued) of Pratt-Thomas, Epting & Walker, Charleston, SC; and Randall E. Phillips, of Provizer & Phillips, P.C., Bingham Farms, MI, for Appellee.

Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS, and RIDGELY, Justices, constituting the Court en Banc.

RIDGELY, Justice:

Plaintiff-Appellant Shook & Fletcher Asbestos Settlement Trust has brought this action for declaratory judgment to determine insurance coverage for asbestos claims under policies issued by Defendant-Appellee Safety National Casualty Corporation. The claims have been made against Shook's predecessor, Shook & Fletcher Insulation Company. The matter is before us on interlocutory appeal of partial summary judgment granted by the Superior Court...

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