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PACIFIC INS. CO. v. LIBERTY MUT. INS. CO.

No. 486, 2007.

956 A.2d 1246 (2008)

PACIFIC INSURANCE COMPANY (in its own right and as assignee of Plaintiff Below, Consolidated Rail Corporation, a corporation of the Commonwealth of Pennsylvania), Defendant Below-Appellant, v. LIBERTY MUTUAL INSURANCE COMPANY, Defendant Below-Appellee.

Supreme Court of Delaware.

Decided: August 20, 2008.

Attorney(s) appearing for the Case

Kevin J. Connors, Esquire, of Marshall, Dennehey, Warner, Coleman and Goggin, Wilmington, DE; Of Counsel: William G. Ballaine (argued), Michael L. Gioia, Ameet B. Kabrawala, Esquires, of Landman Corsi Ballaine & Ford, P.C., New York City, for appellant.

Susan List Hauske, Esquire (argued), of Tybout Redfearn & Pell, Wilmington, DE, for appellee.

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

RIDGELY, Justice:

This insurance coverage dispute arises from separate railroad crossing accidents during a road construction project. Two wrongful death actions were filed as a result. These actions were settled but a dispute over coverage under two insurance policies remains. Defendant-Appellant Pacific Insurance Company ("Pacific"), in its own right and as assignee of plaintiff-below Consolidated Rail Corporation ("Conrail"), appeals from the Superior Court's grant...

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