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CUBLER v. STATE FARM MUT. AUTO. INS. CO.

No. 369, 1995.

679 A.2d 66 (1996)

Nancy A. CUBLER and Donald Cubler, her husband, Helen C. Dougherty and Thomas F. Dougherty, her husband, and Cassandra L. Steele, Plaintiffs Below, Appellants/Cross-Appellees, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a corporation of the State of Illinois, Defendant Below, Appellee/Cross-Appellant.

Supreme Court of Delaware.

Decided: July 15, 1996.

Attorney(s) appearing for the Case

H. Clay Davis III, Georgetown, for appellants/cross-appellees.

Robert B. Young, Dover, for appellee/cross-appellant.

Before VEASEY, C.J., WALSH, HOLLAND, HARTNETT, and BERGER, JJ. (constituting the Court en Banc).

HOLLAND, Justice:

This litigation arises from a motor vehicle accident. The plaintiffs-appellants, Nancy A. Cubler, Helen C. Dougherty, and Cassandra L. Steele (the "Appellants"), were thrown from a trailer being pulled by a truck. The truck was insured by the defendant, cross-appellant, State Farm Mutual Automobile Insurance Company ("State Farm").

At issue in this appeal is the enforceability of two identical provisions...

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