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MINE SAFETY APPLIANCES COMPANY v. AIU INSURANCE COMPANY

C.A. No. N10C-07-241 MMJ CCLD.

MINE SAFETY APPLIANCES COMPANY, Plaintiff, v. AIU INSURANCE COMPANY, et al., Defendants.

Superior Court of Delaware, New Castle County.

Decided: March 24, 2014.

Attorney(s) appearing for the Case

Jennifer C. Wasson, Esquire , Michael B. Rush, Esquire , Potter Anderson & Corroon LLP, Mark A. Packman, Esquire , Gabriel Le Chevallier, Esquire (Argued), Jenna A. Hudson, Esquire , Katrina F. Johnson, Esquire , Gilbert LLP, Attorneys for Plaintiff.

Peter B. Ladig, Esquire , Jason C. Jowers, Equire , David J. Soldo, Esquire , Morris James LLP, Alan S. Miller, Esquire (Argued), Bridget M. Gillespie, Esquire , Picadio Sneath Miller & Norton, P.C., Attorneys for Defendant North River Insurance Company.

Neal J. Levitsky, Esquire , Seth A. Niederman, Esquire , Fox Rothschild LLP, Daren S. McNally, Esquire (Argued), Barbara M. Almeida, Esquire , Clyde & Co US LLP, Attorneys for Defendant Travelers Casualty and Surety Company.

James P. Ruggeri, Esquire , Joshua D. Weinberg, Esquire (Argued), Michele L. Backus, Esquire , Shipman & Goodman LLP, Richard M. Beck, Esquire , Sean M. Brennecke, Esquire , Klehr, Harrison, Harvey, Branzburg & Ellers LLP, Attorneys for Defendants Hartford Accident and Indemnity Company, First State Insurance Company, and Twin City Fire Insurance Company.

OPINION

JOHNSTON, J.

FACTUAL AND PROCEDURAL CONTEXT

Plaintiff Mine Safety Appliances Company ("MSA"), a Pennsylvania corporation licensed to do business in Delaware, manufactures and sells safety equipment, including heat protection clothing and respirators. Allegedly, at one time, MSA's respirators were defective and its heat protection clothing contained asbestos. Users of MSA's safety products have...

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