· 4/23/1999
New Castle County, Delaware v. National Union Fire Insurance Company of Pittsburgh, Pa
Citations
- 174 F.3d 338
- 1999 U.S. App. LEXIS 7846
- 1999 WL 236468
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- predicting that Delaware law would find that the term “by or on behalf of its owner, landlord or lessor” could modify either the terms “wrongful entry” and “invasion,” or “occupy,” and, is, therefore, ambiguous
- applying Delaware law to find the language ambiguous and construing in favor of the insured
- “[A]s a general rule, we will consider only issues passed upon by the court below.”
- “[ W]e are not bound by this dicta, although we may consider it in our analysis if we deem it appropriate.”
- “[A] single clause or paragraph of a contract cannot be read in isolation, but must be read in context, and every portion of the contract deserves consideration.”
- “due to the insurer’s dominant position, when an ambiguity is found in insurance policy language, we must construe the language against the insurer as a matter of Delaware law”
Source: CourtListener parenthetical corpus (CC0).
Judges: Stapleton, Nygaard, Goldberg
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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