Employers' Liability Assurance Corp. v. Hoechst Celanese Corp.

This is an interlocutory appeal by eleven insurance companies, plaintiffs (now reduced to nine plaintiffs because of settlements pending appeal), from an order of the Superior Court so far as it denied their motions for summary judgment in the declaratory action they have maintained against their insured, Hoechst Celanese Corporation (HCC), defendant.

The plaintiffs issued policies affording various layers of “excess” insurance in favor of HCC over and above the “primary” policies provided to HCC by Liberty Mutual Insurance Company (Liberty Mutual) — the latter being comprehensive general…