1
.
PLAINTIFFS OPENING BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT AGAINST DEFENDANT ALLIED INC.
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EXTRACTED KEY WORDS
UTP
TRAVELERS/ALLIED SETTLEMENT
PLAINTIFFS
INSURANCE
COVERAGE
UNION TEXAS
OBLIGATIONS
SUMMARY JUDGMENT
BREACH
UNION TEXAS PETROLEUM
HOLDINGS
FIDUCIARY DUTY
POLICIES
CONTRACT
TRAVELERS/ALLIED SETTLEMENT AGREEMENT
DELAWARE CORPORATION
ENVIRONMENTAL POLLUTION CLAIMS
INDEMNITY
CINCINNATI BELL CELLULAR
PURCHASE COMMERCIAL INSURANCE
SUBSIDIARIES
ALLIED NEGOTIATE
BELL CELLULAR SVS
ENVIRONMENTAL PROPERTY DAMAGE
SOLE AGENT
CONNECTICUT CORPORATION
SUBSTITUTE
NEGOTIATIONS
AUTHORITY
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IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
IN AND FOR NEW CASTLE COUNTY
UNION TEXAS PETROLEUM
HOLDINGS, INC., a Delaware corporation,
UNION TEXAS PETROLEUM
CORPORATION (f/k/a UNION TEXAS
PROPERTIES, INC.), a Delaware
corporation, UNION TEXAS
INTERNATIONAL CORPORATION (ma 1
UNION TEXAS PETROLEUM
CORPORATION), a Delaware corporation,
UNION TEXAS PETROCHEMICALS CA. No. 1.5448
CORPORATION, a Delaware corporation, >
a n d U N I S T A R , I N C . , a D e l a w a r e REDACTED
corporation, FOR PUBLIC
Plaintiffs,
V.
THE TRAVELERS INDEMNITY
COMPANY, a Connecticut corporation, and
ALLIED, INC., a Delaware corporation,
Defendants.
PLAINTIFFS' OPENING BRIEF IN SUPPORT
OF THEIR MOTION FOR SUMMARY JUDGMENT
AGAINST DEFENDANT ALLIED. INC_
MORRIS, NICHOLS, ARSHT & TUNNZLL
A. Gilchrist Sparks, IIl
Donna L. Culver
1201 N. Market Street
P.O. Box 1347
Wilmington, DE 19899
(302) 658-9200
.-. Attorneys for Plaintiffs
February 8,200O
SNIPPETS:
UNION TEXAS PETROLEUM
HOLDINGS, INC., a Delaware corporation,
COMPANY, a Connecticut corporation, and ALLIED, INC., a Delaware corporation,
Travelers and Allied Negotiate And Execute The Secret
UTP Learns Of The Travelers/Allied Settlement
F. Travelers Repudiates Its Coverage Obligations To UTP.
PLAINTIFFS ARE ENTITLED TO JUDGMENT AS A MATTER
PLAINTIFFS ARE ENTITLED TO SUMMARY JUDGMENT
ON THEIR CLAIM AGAINST ALLIED FOR BREACH OF
FIDUCIARY DUTY,
PURCHASE COMMERCIAL INSURANCE FOR UTP TO
SUBSTITUTE m FULL FOR THE TRAVELERS COVERAGE
Cincinnati SMSA Ltd. Partnershin v. Cincinnati Bell Cellular Svs.
On December 30, 1996, plaintiffs Union Texas Petroleum Holdings, Inc., Union
Petrochemical Corporation and Unistar, Inc., former subsidiaries and/or
relief against Allied and The Travelers Indemnity Company.
contract, arising from a September 1990 Agreement of Settlement, Compromise and Release
general insurance liability policies issued to Allied and covering, among other entities, UTP.
declaration that the Travelers/Allied Settlement Agreement does not alter or reduce Travelers'
potential environmental property damage claims arising at more -than 250 Allied sites located
Throughout the negotiations, Travelers continued to press its demand for a global -
Environmental Pollution Claims including, without limitation any
Allied has asserted its authority to bind plaintiffs to the
Travelers/Allied Settlement Agreement as plaintiffs' sole agent with the power to act on
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