Tig Insurance Co. v. Premier Parks, Inc.

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IN THE SUPREME COURT OF THE STATE OF DELAWARE TIG INSURANCE COMPANY, Defendant Below, Appellant, v. PREMIER PARKS, INC. (n/k/a Six Flags, Inc.), Plaintiff Below, Appellee. § § § § § § § § § § § § No. 569, 2006 Court Below--Superior Court of the State of Delaware, in and for New Castle County C.A. No. 02C-04-126. Submitted: November 3, 2006 Decided: November 20, 2006 Before HOLLAND, BERGER and JACOBS, Justices. ORDER This 20th day of November 2006, upon consideration of the notice of interlocutory appeal and the supplemental notice of interlocutory appeal, it appears to the Court that: (1) The defendant/appellant, TIG Insurance Company, has petitioned this Court pursuant to Supreme Court Rule 42 to accept an appeal from an interlocutory order of the Superior Court dated September 21, 2006. The Superior Court s order decided insurance coverage issues that were raised in the parties cross-motions for summary judgment. (2) The plaintiff/appellee, Premier Parks, Inc. (n/k/a Six Flags, Inc.), opposed the application for certification of an interlocutory appeal. By order dated November 1, 2006, the Superior Court granted the application. (3) Applications for interlocutory review are addressed to the sound discretion of this Court. In the exercise of its discretion, this Court has concluded that the application for interlocutory review does not meet the requirements of Supreme Court Rule 42(b) and should be denied. NOW, THEREFORE, IT IS HEREBY ORDERED that the within interlocutory appeal is DENIED. BY THE COURT: /s/ Carolyn Berger Justice 2

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