APOTAS v. ALLSTATE INSURANCE COMPANY


246 A.2d 923 (1968)

Chris APOTAS and Crystal Apotas, his wife, Plaintiffs Below, v. ALLSTATE INSURANCE COMPANY, an Illinois corporation, Defendant Below.

Supreme Court of Delaware.

October 7, 1968.


Attorney(s) appearing for the Case

Bruce M. Stargatt and Ben T. Castle, of Young, Conaway, Stargatt & Taylor, Wilmington, for plaintiffs below.

Raymond L. Becker and James F. Kipp, of Becker & Kipp, Wilmington, for defendant below.

WOLCOTT, C. J., and CAREY and HERRMANN, JJ., sitting.


WOLCOTT, Chief Justice:

We accepted Certification under Rule 20 of the following question of law as one of first instance in this State:

"DOES NOT UNINSURED MOTORISTS' COVERAGE EXTEND TO POLICYHOLDER INJURED BY TORTFEASOR WHOSE OWN LIABILITY COVERAGE LAPSES AS A RESULT OF HIS INSURANCE CARRIER'S INSOLVENCY SUBSEQUENT TO THE DATE OF THE ACCIDENT?"

On September 21, 1964, the plaintiffs were injured in a collision...

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