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STONEWALL INS. v. E.I. DU PONT DE NEMOURS

No. 523, 2009.

996 A.2d 1254 (2010)

STONEWALL INSURANCE COMPANY, Defendant/Appellant/Cross-Appellee, v. E.I. DU PONT DE NEMOURS & CO., Plaintiff/Appellee/Cross-Appellant.

Supreme Court of Delaware.

Decided: June 3, 2010.

Attorney(s) appearing for the Case

Dawn C. Doherty and Brian L. Kasprzak, Marks, O'Neill, O'Brien & Courtney, P.C., Wilmington, DE; Virginia A. Seitz (argued) and William M. Sneed, Sidley Austin LLP, Washington, DC, pro hac vice for appellant.

John E. James an Richard L. Horwitz, Potter Anderson & Corroon LLP, Wilmington, DE; John M. Sylvester (argued), Christopher C. French and Kimberley J. Geary, K & L Gates LLP, Pittsburgh, PA, pro hac vice for appellee.

Before STEELE, Chief Justice, HOLLAND and JACOBS, Justices.

STEELE, Chief Justice:

Stonewall Insurance Company and E.I. du Pont de Nemours & Company appeal from a series of summary judgment rulings arising out of disputed insurance policy language affecting the amount DuPont may recover under two excess insurance policies. Stonewall contends that the motion judge erroneously determined the number of occurrences triggering coverage as a matter of law, and applied a non-cumulation clause that inaccurately reduced Stonewall...

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