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CLARIANT CORP. v. HARFORD MUT. INS. CO.

No. 577, 2009.

11 A.3d 220 (2011)

CLARIANT CORPORATION, Defendant/Counterclaim Plaintiff Below, Appellant/Cross Appellee, v. The HARFORD MUTUAL INSURANCE COMPANY and Mill-Pond Properties, Inc., Plaintiffs/Counterclaim Defendants Below, Appellees/Cross-Appellants.

Supreme Court of Delaware.

Decided: January 5, 2011.

Attorney(s) appearing for the Case

Kevin J. Connors, Esquire (argued), Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington, Delaware, for Appellant/Cross Appellee.

Mary E. Sherlock, Esquire (argued), Weber, Gallagher, Simpson, Stapleton, Fires & Newby, LLP, Dover, Delaware, for Appellees/Cross Appellants.

Before BERGER, JACOBS and RIDGELY, Justices.

BERGER, Justice:

In this appeal, we consider whether, under the terms of an industrial building lease (the Lease), the tenant is obligated to defend a tort claim against the landlord. After landlord filed a declaratory judgment action to determine its rights, the parties entered into a settlement agreement and dismissed the action. Eight months later, landlord filed a second declaratory judgment action because tenant stopped defending the underlying lawsuit. The Superior...

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