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XL INS. INC. v. NORANDA ALUMINUM HOLDING

No. 444, 2019.

239 A.3d 390 (2020)

XL INSURANCE AMERICA, INC., Talbot Underwriting Services (US) Ltd., Factory Mutual Insurance Company, Axis Insurance Company, Liberty Mutual Fire Insurance Company, Liberty Surplus Insurance Corporation, Ace American Insurance Co., Aspen Insurance UK Ltd., Steadfast Insurance Company, AIG Europe Limited, Scor UK Company Limited, Swiss Re International S.E., and Certain Underwriters at Lloyd's, London, Defendant Below, Appellant, v. NORANDA ALUMINUM HOLDING CORPORATION, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: October 2, 2020.

Attorney(s) appearing for the Case

Ilana H. Eisenstein, Esq. , Rachel A.H. Horton, Esq. , DLA PIPER LLP (US), Philadelphia, Pennsylvania; Aidan M. McCormack, Esq. , DLA PIPER LLP (US), New York, New York; John L. Reed, Esq. , Matthew Denn, Esq. , (argued), Kelly L. Freund, Esq. , DLA PIPER LLP (US), Wilmington, Delaware, for Appellants/Cross-Appellees XL Insurance American, Inc., et al.

David B. Goodwin, Esq. , Christine S. Haskett, Esq. , (argued), COVINGTON & BURLING LLP, San Francisco, California; David J. Baldwin, Esq. , BERGER HARRIS LLP, Wilmington, Delaware, for Appellee/Cross-Appellant Noranda Aluminum Holding Corporation.

Before SEITZ, Chief Justice; VALIHURA, and TRAYNOR, Justices.

Following two operation-disabling accidents, an insured aluminum-products manufacturer, whose "all-risks" property-insurance policy included business-interruption coverage, did not rebuild its damaged facility and consequently did not resume operations. The insured and its insurers agreed that the failure to rebuild and resume...

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