AXIS REINSURANCE COMPANY, et al., Defendant Below, Appellants,
v.
HLTH CORPORATION and Emdeon Practice Services, Inc., Plaintiff Below, Appellees.
HLTH Corporation and Emdeon Practice Services, Inc., Plaintiffs Below, Appellants,
v.
Axis Reinsurance Company, et al., Defendants Below, Appellees.
Supreme Court of Delaware.https://leagle.com/images/logo.png
Submitted: February 24, 2010.
Decided: April 22, 2010.
Corrected: May 10, 2010.
Attorney(s) appearing for the Case
David J. Baldwin and Jennifer C. Wasson of Potter Anderson & Corroon LLP, Wilmington, DE; Of Counsel: William G. Passannante (argued) and Alexander D. Hardiman of Anderson Kill & Olick, P.C., New York City, for plaintiffs HLTH Corporation and Emdeon Practice Services, Inc.
William L. Doerler of White and Williams LLP, Wilmington, DE; Of Counsel: Lawrence J. Bistany (argued) of White and Williams LLP, Philadelphia, PA, for defendant National Union Fire Insurance Company of Pittsburgh, PA.
Robert J. Katzenstein of Smith, Katzenstein & Furlow LLP, Wilmington, DE; Of Counsel: Joan M. Gilbride (argued) and Robert A. Benjamin of Kaufman Borgeest & Ryan LLP, New York City, for defendant RSUI Indemnity Company.
Robert J. Katzenstein of Smith, Katzenstein & Furlow LLP, Wilmington, DE; Of Counsel: William E. Smith and Parker J. Lavin of Wiley Rein LLP, Washington, DC, for defendant Axis Reinsurance Company.
Neal J. Levitsky and Seth A. Niederman of Fox Rothschild LLP, Wilmington, DE; Of Counsel: Michael Goodstein (argued) and Matthew J. Burkhart of Bailey Cavalieri LLC, Columbus, OH, for defendant Old Republic Insurance Company.
J.R. Julian of J.R. Julian, P.A., Wilmington, DE; Of Counsel: Barry T. Bassis (argued) of Tressler LLP, New York City, for Fireman's Fund Insurance Company.
Before STEELE, Chief Justice, HOLLAND and JACOBS, Justices.
Supreme Court of Delaware.
STEELE, Chief Justice:
In this consolidated action,1 National Union Fire Insurance Company2 and HLTH appeal from two separate denials of summary judgment arising out of disputed insurance policy language affecting HLTH's right to coverage. HLTH contends that the judge erroneously concluded that HLTH's failure to give simultaneous notice to two separate towers of insurance triggered a Prior Notice Exclusion...
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