DeBONAVENTURA v. NATIONWIDE MUT. INS.


419 A.2d 942 (1980)

John DeBONAVENTURA and Amelia DeBonaventura, t/a John's Body Shop; James J. Henry, Frederick H. Henry and Robert J. Henry, t/a Henry Bros.; Jesse Giobbe, t/a Joe Giobbe and Son Auto Body Shop; Hobart E. Ramey, t/a Ray's Body Shop; Francis Lewandowski t/a Lewandowski's Auto Body; and Edward J. Henry and Son, Inc., a Delaware Corporation, Plaintiffs, v. NATIONWIDE MUTUAL INSURANCE COMPANY, an Ohio Corporation, Defendant.

Court of Chancery of Delaware, New Castle County.

Decided June 18, 1980.

Supplemental Opinion July 30, 1980.


Attorney(s) appearing for the Case

Alfred J. Lindh and Dennis Siebold, Jr., Wilmington, for plaintiffs.

Richard E. Poole, Daniel F. Lindley and Gregory A. Inskip of Potter, Anderson & Corroon, Wilmington and Richard C. Beifuss, Columbus, Ohio, for defendant.


MARVEL, Chancellor:

The amended complaint in this action filed by the owners of six1 automobile body repair shops located in Wilmington, Newport and Newark, and doing business for the most part in northern Delaware, which shops claim to operate independently of each other and of any third party, alleges in a first cause of action that the defendant Nationwide Mutual Insurance Company, an insurer...

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