Northwestern National Insurance v. Esmark, Inc.

BERGER, Justice:

This is an appeal from a decision by the Superior Court denying indemnification under a hold harmless agreement between an insurance company and its insured. Appellant, Northwestern National Insurance Company (“Northwestern”), issued primary liability insurance policies to appellee, Esmark, Inc. (“Esmark”), in connection with Esmark’s multi-layered insurance program covering its subsidiary, Playtex, Inc., and related companies (collectively “Playtex”). A dispute arose between Playtex and one of the excess insurance carriers over the meaning of the deductible endorsement in…