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COLONIAL INS. CO. OF WISCONSIN v. AYERS

Nos. 92, 2000, 121, 2000, 127, 2000, 128, 2000, 134, 2000, 135, 2000.

772 A.2d 177 (2001)

COLONIAL INSURANCE COMPANY OF WISCONSIN and GEICO Indemnity Insurance Company, Defendants Below, Appellants, v. Willie M. AYERS, Guardian of Kanika Wright, a minor, Plaintiffs Below, Appellees. Hartford Underwriters Insurance Company and Nationwide Mutual Insurance Company, Defendants Below, Appellants, v. Jerry F. Foskey, Personal Representative of Florence Foskey, Deceased, Plaintiffs Below, Appellees.

Supreme Court of Delaware.

Decided: April 27, 2001.

Attorney(s) appearing for the Case

Donald J. Detweiler, Esquire (argued) and Mary Anne McLane, Esquire, of Welch & White, P.A., Ian Connor Bifferato, Esquire (argued), of Bifferato, Bifferato & Gentilotti, Wilmington, Delaware, Wilmington, and Robert J. Leoni, Esquire of Morgan, Shelsby & Leoni, Newark, Delaware, for appellants.

H. Clay Davis, III, Esquire (argued), Georgetown, Delaware, and James J. Woods, Jr., Esquire (argued), of Connolly, Bove, Lodge & Hutz, Wilmington, Delaware, for appellees.

Before VEASEY, Chief Justice, WALSH, HOLLAND, BERGER and STEELE, Justices (constituting the Court en Banc).

HOLLAND, Justice, for the majority:

For purposes of summary judgment only, the Superior Court consolidated Colonial Ins. Co. v. Ayers, C.A. No. 99C-05-009, with Hartford Underwriters Insurance Company v. Foskey, C.A. No. 99C-08-002. Both cases involve similar legal issues relating to different insurance company defendants. The parties stipulated to the facts. The Superior Court granted the plaintiffs' motions...

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