In Stonewall Insurance Co. v. E.I. du Pont de Nemours & Co., No. 523, 2009, -- A.2d – (Del. Jun 3, 2010), the Delaware Supreme Court ruled that all property damage claims related to a defective plumbing product constituted a single occurrence and that non-cumulation language did not eliminate an excess carrier’s liability.  

E.I. du Pont de Nemours was sued for property damage from allegedly defective plumbing systems sold from 1978 to 1989.  The policyholder settled with several of its carriers and, in litigation, focused on insurers that issued coverage from 1983 to 1985 that sat above "per occurrence" self-insured retentions.  The policyholder argued that the plumbing liabilities arose from one occurrence - to limit its payment to one set of self-insured retentions and reach the excess coverage.  

In E.I. du Pont de Numours & Co., v. Stonewall Insurance Co., 2009 Del. Super. LEXIS 235 (Del. Sup. Ct. June 30, 2009), the superior court granted summary judgment in favor of the policyholder.

Attachments:

du Pont v. Stonewall.pdf

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