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O'HANLON v. HARTFORD ACC. & INDEM. CO.

Civ. A. No. 76-59.

439 F.Supp. 377 (1977)

Patrick J. O'HANLON, Individually and as Administrator of the Estate of Brian O'Hanlon, Plaintiff, v. HARTFORD ACCIDENT AND INDEMNITY COMPANY, a Connecticut Corporation, Insurance Company of North America, a Pennsylvania Corporation, and Nationwide Mutual Insurance Company, an Ohio Corporation, Defendants.

United States District Court, D. Delaware.

August 1, 1977.

Attorney(s) appearing for the Case

David Roeberg, of Roeberg & Agostini, Wilmington, Del., for plaintiff.

Alfred M. Isaacs, of Flanzer & Isaacs, Wilmington, Del., for defendant Hartford Acc. & Indem. Co.

Wayne N. Elliott, of Prickett, Ward, Burt & Sanders, Wilmington, Del., for defendant Insurance Co. of North America.

F. Alton Tybout, of Tybout & Redfearn, Wilmington, Del., for defendant Nationwide Mut. Ins. Co.

OPINION

STAPLETON, District Judge:

This is a tort action arising out of an automobile accident. Several questions involving the interpretation of three insurance contracts and of certain provisions of Delaware insurance law are presented on what is styled plaintiff's motion for partial summary judgment.1

The facts necessary for an understanding of the questions before the Court can be summarized briefly. In 1974, Brian...

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