· 6/17/1992
Hoechst Celanese Corp. v. National Union Fire Insurance
Citations
- 623 A.2d 1133
- 1992 Del. Super. LEXIS 539
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that declaratory judgment will only be granted where an actual controversy exists So that judicial resources are not wasted on “situations in which a judicial declaration will not end the dispute between the parties”
- explaining that the parties must have real and adverse interests
- in products liability action, evidence showed that there was reasonable likelihood that excess insurance policies would be triggered
- “ripeness . . . is now very much a matter of practical common sense[.]”
- “The declaratory judgment statute, 10 Del. C. § 6501, does not create any substantive rights but merely provides a procedural means for securing judicial relief in an expeditious and comprehensive manner.”
- insured need not have suffered actual harm for declaratory action to be ripe
Source: CourtListener parenthetical corpus (CC0).
Judges: Gebelein
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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