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BEACH TREAT, INC. v. NEW YORK UNDERWRITERS INS. CO.

301 A.2d 298 (1972)

BEACH TREAT, INC., a Delaware corporation, Plaintiff, v. NEW YORK UNDERWRITERS INSURANCE COMPANY et al., Defendants.

Superior Court of Delaware, New Castle.

December 29, 1972.

Attorney(s) appearing for the Case

Frederick Knecht, Jr., of Knecht, Greenstein & Berkowitz, Wilmington, for plaintiff.

Walter P. McEvilly, Jr., of Prickett, Ward, Burt & Sanders, Wilmington, for defendant, New York Underwriters Ins. Co.

OPINION ON CROSS MOTIONS FOR SUMMARY JUDGMENT

TAYLOR, Judge.

Defendant, New York Underwriters Insurance Company [New York], issued a standard fire insurance policy covering plaintiff's ice cream stand at Bethany Beach, Delaware, for the period from June 1, 1969 to June 1, 1972. On January 20, 1971, New York undertook to cancel the policy and sent a notice of cancellation directed to plaintiff at the address of plaintiff shown on the policy. Plaintiff had...

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