AT & T CORP., Plaintiff Below, Appellant
v.
CLARENDON AMERICAN INSURANCE COMPANY, Genesis Insurance Company, Certain Underwriters at Lloyd's London and Certain London Market Insurance Companies, National Union Fire Insurance Company of Pittsburg PA., North American Specialty Insurance Company, and XL Specialty Insurance Co., Defendants Below, Appellees.
Supreme Court of Delaware.https://leagle.com/images/logo.png
Submitted: March 14, 2007.
Decided: July 2, 2007.
Attorney(s) appearing for the Case
John E. James and Sarah E. DiLuzio of Potter Anderson & Corroon, LLP, Wilmington, DE; David M. Halbreich and Michel Y. Horton of Morgan, Lewis & Bockius, LLP, Los Angeles, CA; John Edward Failla (argued) and Christopher C. Loeber of Morgan, Lewis & Bockius, LLP, New York City; Paul A. Zevnik of Morgan, Lewis & Bockius, LLP, Washington, DC; Cynthia Mahowald and Emily Barbour of AT & T, Washington, DC, of counsel, for Appellant.
John C. Phillips, Jr. and Brian Farnan of Phillips Goldman & Spence, P.A., Wilmington, DE; Douglas Mangel of Drinker Biddle & Reath, Washington, DC, of counsel, for Appellee Clarendon American Insurance Company.
Kevin F. Brady of Connolly Bove Lodge & Hutz, LLP, Wilmington, DE; William E. Smith and Cara Tseng Duffield of Wiley Rein, LLP, Washington, DC, of counsel, for Appellee Genesis Insurance Company.
David A. Denham of Bifferato & Gentilotti, LLC, Wilmington, DE; Martin J. Flannery, Jr. and David A. Richman of Pattison & Flannery, New York City, of counsel, for Appellees Farady Capital Limited, Individually and as Representative of those Underwriters at Lloyd's and those other Companies Subscribing to Directors and Officers and Company Reimbursement Policy No. 509/QB405901.
Edward M. McNally and Mary B. Matterer of Morris James, LLP, Wilmington, DE; Jeffrey G. Weil (argued) and Jared S. Hosid of Dechert, LLP, Philadelphia, PA; Michael Manire and William P. Larsen, III of D'Amato & Lynch, New York City, of counsel, for Appellees National Union Insurance Company of Pittsburg PA. and North American Specialty Insurance Company.
Francis J. Murphy and Jonathan L. Parshall of Murphy Spadaro & Landon, Wilmington, DE, for Appellee XL Specialty Insurance Co.
Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices, constituting the Court en Banc.
Supreme Court of Delaware.
JACOBS, Justice:
AT & T Corp. ("AT & T") appeals from a judgment of the Superior Court dismissing this action brought by AT & T against several insurance carriers (the "D & O insurers").1 Those carriers issued Director and Officer ("D & O") policies insuring At Home Corporation ("At Home") and At Home's directors and officers. AT & T, as At Home's largest shareholder, designated ten of its employees to serve as...
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