New Castle County De v. National Union Fire Insurance Company of Pittsburgh, Pa
Court of Appeals for the Third Circuit
1Opinion of the Court
*747OPINION OF THE COURT
NYGAARD, Circuit Judge.
This appeal requires us to interpret the phrase, “invasion of the right of private occupancy,” under Delaware law and determine whether it is ambiguous. The phrase is widely used in insurance policies and has been the subject of heated litigation throughout the entire country over the past thirty years. Because Delaware case law provides no clear precedent, both parties cite numerous decisions outside the state. Some authority suggests that we should apply the doctrine of ejusdem gen-eris and construe the phrase in relation to the more specific terms…
2Cases cited39 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Frank E. Acierno v. New Castle CountyCourt of Appeals for the Third Circuit · 1994
- Kitsap County v. Allstate InsuranceWashington Supreme Court · 1998
- Kitsap County v. Allstate Ins. Co.Washington Supreme Court · 1998
- Acierno v. CloutierCourt of Appeals for the Third Circuit · 1994
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3Cited by33 opinions
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- Open Software Foundation, Inc., and Hewlett Packard Company v. United States Fidelity and Guaranty Co.Court of Appeals for the First Circuit · 2002
- Doe v. Division of Youth and Family ServicesDistrict Court, D. New Jersey · 2001
- Interim Healthcare, Inc. v. Spherion Corp.Superior Court of Delaware · 2005
- Terra Nova Insurance v. Fray-WitzerMassachusetts Supreme Judicial Court · 2007
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