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ALLSTATE INSURANCE CO. v. NATIONWIDE MUT. INS. CO.

273 A.2d 261 (1970)

ALLSTATE INSURANCE COMPANY, a corporation of the State of Illinois, Defendant Below, Appellant, v. NATIONWIDE MUTUAL INSURANCE COMPANY, a corporation of the State of Ohio, Plaintiff Below, Appellee.

Supreme Court of Delaware.

December 29, 1970.

Attorney(s) appearing for the Case

James F. Kipp of Becker, Kipp & Reardon, Wilmington, for appellant.

Robert G. Carey of Prickett, Ward, Burt & Sanders, Wilmington, for appellee.

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

WOLCOTT, Chief Justice.

This is an appeal from a summary judgment in a declaratory judgment action brought by Nationwide Mutual Insurance Company against Allstate Insurance Company to determine which of the two insurance companies must provide primary coverage to one Robert Roper who had an automobile accident. The Superior Court held that Allstate must supply primary coverage. Allstate appeals.

Kathy Bower borrowed her father's car with his permission to...

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