AT & T CORP., Plaintiff Below, Appellant,
v.
FARADAY CAPITAL LIMITED, The Travelers Indemnity Company, Certain Underwriters at Lloyd's, London and Certain London Market Insurance Companies, National Union Fire Insurance Company of Pittsburgh, Pa., New Hampshire Insurance Company Ltd., Twin City Fire Insurance Company, and Zurich American Insurance Company, Defendants Below, Appellees.
Supreme Court of Delaware.https://leagle.com/images/logo.png
Submitted: November 15, 2006.
Decided: February 5, 2007.
Rehearing Denied: February 26, 2007.
Attorney(s) appearing for the Case
John E. Jamese, and Sarah E. Diluzio, of Potterson, Anderson & Corroon, LLP, Wilmington, DE; and John E. Failla (argued), and Christopher C. Loeber, of Morgan, Lewis & Bockius, LLP, New York City; David M. Halbreich, and Michel Y. Horton, of Morgan, Lewis & Bockius, LLP, Los Angeles, CA; and Paul A. Zevnik, of Morgan, Lewis & Bockius, LLP, Washington, DC, of counsel, for Appellant.
David A. Denham, of Bifferato, Gentilotti, Biden & Balick, LLC, of Wilmington, DE; and Martin J. Flannery, Jr., and David A. Richman, of Pattison & Flannery, New York City, for Appellees Faraday Capital Limited, Certain Underwriters at Lloyd's of London, Certain London Market Insurance Companies and New Hampshire Insurance Company, Ltd.
John D. Balaguer, and William L. Doerler, of White & Williams, LLP, Wilmington, DE; Geoffrey W. Heineman, and Matthew Bryant, of Ohrenstein & Brown, LLP, New York City; and Lauren M. Pape, of Ohrenstein & Brown, LLP, Garden City, NY, of counsel, for Appellee The Travelers Indemnity Company.
Edward M. McNally, and Mary B. Matterer, of Morris James, LLP, Wilmington, DE; Michael Manire, William P. Larsen, III (argued), and Lloyd Herman, of D'Amato & Lynch, New York City, of counsel, for Appellee National Union Fire Insurance Company of Pittsburgh, PA.
John C. Phillips, Jr., and Brian E. Farnan, of Phillips, Goldman & Spence, P.A., Wilmington, DE; Douglas Mangel (argued), John C. Hockenbury, and Michael Thames, of Drinker, Biddle & Reath, LLP, Washington, DC, of counsel, for Appellee Twin City Fire Insurance Company.
C. Scott Reese, and Noriss E. Cosgrove, of Cooch and Taylor, Wilmington, DE; Randall G. Block (argued), and Veena A. Mitchell, of Sedgwick, Detert, Moran & Arnold, LLP, San Francisco, CA, of counsel, for Appellee Zurick American Insurance Company.
Before BERGER, JACOBS and RIDGELY, Justices.
Supreme Court of Delaware.
BERGER, Justice:
In this appeal we consider one aspect of the coverage afforded under certain directors and officers and company liability policies (the D & O policies). The insured seeks coverage, under multiple primary and excess policies, for defense costs and other expenses arising out of two stockholder suits. The Superior Court granted partial summary judgment to the insurers, holding that each lawsuit under consideration constitutes one "Claim," and that...
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