Legal Opinion

New Castle County v. Hartford Accident & Indemnity Co.

District Court, D. Delaware

Decided March 31, 1988No. Civ. A. 85-436-JLLPublishedCited by 24 opinions

1Opinion of the Court

MEMORANDUM OPINION

LATCHUM, Senior District Judge.

I. INTRODUCTION

New Castle County (the “County”) filed this action requesting a declaratory judgment against twelve insurance companies which had issued comprehensive general liability policies to the County. (Docket Item [“D.I.”] 1.) The County seeks a declaration that the insurance companies must defend and indemnify the County for claims relating to groundwater pollution emanating from two landfills utilized by the County. The insurers answered by denying coverage for the claims and asserting affirmative defenses. (D.I. 6, 7, 10-14, 25, 28,…

2Cases cited30 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Stipcich v. Metropolitan Life InsuranceSupreme Court of the United States · 1928
  3. APPALACHIAN INSURANCE COMPANY v. LIBERTY MUTUAL INSURANCE COMPANY, AppellantCourt of Appeals for the Third Circuit · 1982
  4. Coastal Barge Corp. v. Coastal Zone Industrial Control BoardSupreme Court of Delaware · 1985
  5. Ca 79-2759 City of Carter Lake, a Municipal Corporation in the State of Iowa v. The Aetna Casualty and Surety Company, a CorporationCourt of Appeals for the Eighth Circuit · 1979

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3Cited by24 opinions

  1. Rhone-Poulenc Basic Chemicals Co. v. American Motorists Insurance Co.Supreme Court of Delaware · 1992
  2. Koppers Company, Inc. v. The Aetna Casualty and Surety Company Zurich Insurance Company the Travelers Indemnity Co. The American Home Assurance Company Commercial Union Insurance Company the Home Insurance Company Underwriter's at Lloyd's of London. Certain Underwriters at Lloyd's, London Certain Insurance Companies in the London Market, Referred to in This Action as "Jackson and Companies", ( Pursuant to Rule 12(a), f.r.a.p.) in No. 95-3432. Koppers Company, Inc. v. The Aetna Casualty and Surety Company Zurich Insurance Company the Travelers Indemnity Co. The American Home Assurance Company Commercial Union Insurance Company the Home Insurance Company Underwriters's at Lloyd's of London Certain Insurance Companies in the London Market, Referred to in This Action as "Jackson and Companies." ( Pursuant to Rule 12(a), f.r.a.p.) Koppers Company, Inc., in No. 95-3461Court of Appeals for the Third Circuit · 1996
  3. City of Johnstown, New York v. Bankers Standard Insurance Company, Pacific Employers Insurance CompanyCourt of Appeals for the Second Circuit · 1989
  4. New Castle County v. Hartford Accident And Indemnity CompanyCourt of Appeals for the Third Circuit · 1991
  5. SCA Services, Inc. v. Transportation InsuranceMassachusetts Supreme Judicial Court · 1995

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