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HARLEYSVILLE MUTUAL CASUALTY INS. CO. v. CARROLL

123 A.2d 128 (1956)

HARLEYSVILLE MUTUAL CASUALTY INSURANCE COMPANY, a corporation of the State of Pennsylvania, Plaintiff, v. Ruby Maxine CARROLL, Defendant, and Michael Melie, Administrator of the Estate of James Patrick Melie, deceased, Michael Melie and Catherine Melie, as individuals, and Michael Melie, Guardian of Deborah Catherine Melie, a minor, and Michael Melie, Father of said minor, Intervenors.

Superior Court of Delaware, New Castle.

May 16, 1956.

Attorney(s) appearing for the Case

John S. Walker and L. Robert Hopkins, Wilmington, for plaintiff.

Jacob Balick (of Balick & Bader), Wilmington, for defendant.

Joseph Donald Craven and Joseph P. Hurley, Wilmington, for intervenors.

HERRMANN, Judge.

Two questions are presented for decision: (1) Does an "actual controversy" exist such as will support the Court's jurisdiction to grant a declaratory judgment determining the liability of the plaintiff under an insurance policy issued by it; and if so (2) is the defendant the "spouse" of the named insured within the coverage of the policy?

The complaint filed by the plaintiff against the defendant...

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