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JADCZAK v. ASSURANT, INC.

C. A. No. S08C-05-028-RFS.

JOSEPH JADCZAK and CATHERINE JADCZAK, Plaintiffs, v. ASSURANT, INC., t/d/b/a ASSURANT SOLUTIONS and ASSURANT SPECIALTY PROPERTY, a Delaware corporation, AMERICAN SECURITY INSURANCE COMPANY, a Delaware corporation. Defendants.

Superior Court of Delaware, Sussex County.

Decided: January 21, 2010.

Attorney(s) appearing for the Case

Michael L. Sensor, Esquire, Perry & Sensor, Wilmington, Delaware, Attorney for Plaintiffs.

Michael R. Smith, Esquire, Griffin & Hackett, P.A., Georgetown, Delaware Walter D. Willson, Esquire, (pro hac vice), Wells, Marble & Hurst, PLLC, Ridgeland, MS Attorneys for Defendants.

MEMORANDUM OPINION

STOKES, J.

Defendants Assurant, Inc., t/d/b/a Assurant Solutions and Assurant Specialty Property (hereafter "Assurant"), and American Security Insurance Company ("ASIC") have moved for judgment on the pleadings ("the motion"). Plaintiffs Joseph and Catherine Jadczak ("Jadczak") oppose the motion. They argue that the Court should convert the motion into one for summary judgment and deny it, alleging the existence of material issues of fact...

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