Supreme Court of Delaware

In a suit over insurance coverage for settlements of wrongful-death lawsuits arising from railroad crossing accidents during a construction project, summary judgment that plaintiff had a duty to defend the insured and that defendant had no duty to defend is affirmed in part and reversed and remanded in part where the facts of the complaint stated claims that were within the coverage of both defendant's and plaintiff's policies, and both plaintiff and defendant therefore owed a duty to defend.

Appellate Information

• Decided 08/20/2008
• Published 08/20/2008

Judges

• RIDGELY, Justice:, Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS, and RIDGELY, Justices, constituting the Court en Banc.

Court

• Supreme Court of Delaware

Counsel

• For Appellant:
  
• Kevin J. Connors, Esquire, of Marshall, Dennehey, Warner, Coleman and Goggin, Wilmington, DE;  Of Counsel:  William G. Ballaine (argued), Michael L. Gioia, Ameet B. Kabrawala, Esquires, of Landman Corsi Ballaine & Ford, P.C., New York City, for appellant.


• For Appellees:
  
• Susan List Hauske, Esquire (argued), of Tybout Redfearn & Pell, Wilmington, DE, for appellee.