New Castle County, Delaware v. National Union Fire Insurance Company of Pittsburgh, Pa
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION OF THE COURT
GOLDBERG, Judge:
I. INTRODUCTION
This case reviews whether a provision in an insurance policy is ambiguous. Upon review of the relevant case law and the tenets of contract construction, we And there are two reasonable interpretations of the policy language. Therefore, pursuant to Delaware law, we conclude that the provision is ambiguous, and we construe it in favor of the insured. We remand the case to the District Court for further findings in accordance with this decision.
II. BACKGROUND
This case addresses whether particular language contained in a “personal injury”…
2Cases cited39 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Rhone-Poulenc Basic Chemicals Co. v. American Motorists Insurance Co.Supreme Court of Delaware · 1992
- Sondra L. McKenna and James R. McKenna v. Ortho Pharmaceutical CorporationCourt of Appeals for the Third Circuit · 1980
- Lake County v. RollinsSupreme Court of the United States · 1889
- Louis W. Epstein Family Partnership Levitz Furniture Corporation, Intervenor in D.C. v. Kmart CorporationCourt of Appeals for the Third Circuit · 1994
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- Alstrin v. St. Paul Mercury InsuranceDistrict Court, D. Delaware · 2002
- New Castle County De v. National Union Fire Insurance Company of Pittsburgh, PaCourt of Appeals for the Third Circuit · 2001
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