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EMPLOYERS' LIABILITY ASSURANCE CORP., LTD. v. MADRIC

174 A.2d 809 (1961)

EMPLOYERS' LIABILITY ASSURANCE CORPORATION, LIMITED, a British corporation, Plaintiff, v. David MADRIC and James D. Madric, Defendants, and Wesley C. Henderson, Intervening-Defendant.

Superior Court of Delaware, New Castle.

October 2, 1961.

Attorney(s) appearing for the Case

Clement C. Wood, of Allmond & Wood, Wilmington, for plaintiff.

Max S. Bell, Jr., of Richards, Layton & Finger, Wilmington, for defendants, David Madric and James D. Madric.

William T. Lynam, III, of Office of Ernest S. Wilson, Jr., Wilmington, for intervening-defendant.

STOREY, Judge.

This is an action for a declaratory judgment to determine duties and liabilities under the terms of an automobile liability insurance policy. The jury could have found the following facts.

David Madric is a somewhat untutored and unsophisticated man. He owned a Chevrolet automobile, for which he took out insurance against liability. The plaintiff, Employers' Liability Assurance Corporation, Limited, wrote the insurance policy, which was sold...

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