Del. high court backs owned property exception.(Delaware Supreme Court decision in E.I. du Pont de Nemours and Co. versus Allstate Insurance Co. et al.)

National Underwriter Property & Casualty-Risk & Benefits Management, November, 1996 by Lonkevick, Don

The Delaware Supreme Court has upheld the owned property exception in a pollution coverage dispute between E.I. du Pont de Nemours and Co. and some of its insurers. The Delaware high court's decision in DuPont v. Allstate Ins. Co. et al is only the fourth by a state high court on the owned property exception.

Laura Foggan, an attorney with Wiley Rein & Fielding in Washington, which acts as counsel for the Insurance Environmental Liability Association, said the decision is important because it is only the third by a state high court to side with insurers on the owned property issue. In addition to the Dupont ruling, the other pro-insurer decisions are Bausch & Lomb v. Utica Ins. Co., Maryland Supreme Court (1993) and State v. Sygno Trading, New Jersey...

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