Free Memorandum in Opposition - District Court of Delaware - Delaware

Case 1:05-cv-00022-MPT Document 63-4 Filed 10/06/2005 Page 1 013
EXHIBIT "C"

Case 1:05—cv—0Q022-l\/IPT Document 63-4 Filed 10/06/2005 Page 2 of 3
Speciiicaiiy, the insurance policy under which the coverage question is presented was
issued tothe named insured in Delaware, andthe auto accident giving rise to the coverage
issue presented occurred in iilelaware.
L Declaratoiy relief in this action will serve the ascii:} purpose of clarifying
and settling the legal relations between the parties, and will terminate and afford relief
item the uncertainty , insecurity, and actual and substantial controversy giving rise to the
present action.
O¥’ERA'¥'IV E FACTS
it; This insurance coverage action arises from an auto accident tbat occurred
on tune IB, 20Gi, on Interstate 495 in Delaware {"A¤oident"). Upon inforrnarion and
belief, defendant was driving a van in which site was transporting approxirnateiy nineteen
(L9) people. The aAccident resulted in a number of fatalities.
Q ugh; Vehicle being driven by defendant was
owned by dcfenda1rtoe·i%e~P-in/Fleer.
lg; As a result of the accident, Bdefendant is been narned as a defendant in a
number of suits tiled by certain of the injured passengers, and by tire Estate gtggg of
certain of the deceased passengers (hereinafter the ‘”Under‘lying Tort Actions")l
jul; ih; June of 2001, defendant was employed
by Pack & Process;-I~ae in New Castle, Delaware as a Quality Control Line Inspector.
lg g._•i;__s a Quality Control Line Inspector,
defendant:
Lg} was not hired by Pack & Processrinee to drive a vehicle;
{Q) was never paid by Pack & Processeinee to drive a vehicle;

Case 1 :O5—cv—OOO22-I\/| PT Document 63-4 Filed 10/06/2005 Page 3 of 3
5. Denied. The detetminations and decinmtion contained within this complaint are
incomplete and will not include all the issues that will resoive this matter zmtii itis consolidated with
the declaration action that is cuwrently being trausferxed to this Court. E Eastern District of
Pennsylvania Declamtoxjy Judgement Actions attached hereto as Exhibit "A.” It is denied that Maly
Yan has contacts with the State of Delaware to allow this Court to exercise personal jurisdiction over
her, It is denied that coverage is only available under the subject insurance policy if Mnly Yan was
acting within the course and scope ofher employment with Pack & Process, coverage also exists if
Meiy Yau wm performing a duty related to the conduct of Pack & Process business while driving
onJm1e18, 2001-
6. Denied. It is denied that venue is proper. It is denied that a substantial part ofthe events
or omissions giving rise to the claims occurred in this district.
7. Denied as stated- The determinations and declaration contained within this complaint
are incomplete and will not include all the issues that will resolve this matter umii it is consolidated
with the declaration action that is currently being transferred to this Couric _$_§ Eastern District of
Pennsylvania Declaratory .¥udgement Actions attached hereto as Exhibit “A."
St Admitted.
9.. Denied. It is denied that the vehicle being driven by Defendant was owed by
Defendant.
10. Admitted.
i1.. Denied as stated. In hme of`2001, M&1yYan was employed by Pack & Process as s
Quality Control Line Inspector and to transport workers to and &~0m the Pack & Process facility.
12. Denied as to each and every allegation contained in subsections (a) t.hrough(e) of this
averment,
Tram: P .. 1 1