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MARTIN v. COLONIAL INS. CO. OF CALIFORNIA

Civ. A. No. 85-486-JRR.

644 F.Supp. 349 (1986)

Bernis MARTIN, Plaintiff, v. COLONIAL INSURANCE COMPANY OF CALIFORNIA, Defendant, Third-Party Plaintiff, v. CENTRAL NATIONAL INSURANCE OF OMAHA, Third-Party Defendant.

United States District Court, D. Delaware.

September 30, 1986.

Attorney(s) appearing for the Case

Frederick T. Haase, Jr. of Roeberg & Associates, Wilmington, Del., for plaintiff.

Benjamin C. Wetzel, III of Bayard, Handelman & Murdoch, Wilmington, Del., for defendant, third-party plaintiff Colonial Ins. Co. of California.

B. Wilson Redfearn of Tybout, Redfearn, Casarino & Pell, Wilmington, Del., for third-party defendant Central Nat. Ins. of Omaha.

ROTH, District Judge.

The plaintiff Bernis Martin has brought suit against Colonial Insurance Company of California (Colonial), seeking a declaratory judgment and damages against the defendant. The plaintiff is claiming the defendant insurance company has an obligation to pay his damages under the Personal Injury Protection (PIP) coverage in his automobile insurance policy. This Court has jurisdiction based upon complete diversity.

Defendant Colonial has moved...

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