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NELSON v. ALLSTATE INSURANCE COMPANY

298 A.2d 337 (1972)

Patricia NELSON and Nicholas Nelson, Individually and as next friend of Michael Nelson and Barry Nelson, minors, Plaintiffs, v. ALLSTATE INSURANCE COMPANY, a corporation of the State of Illinois, Defendant.

Superior Court of Delaware, New Castle.

November 17, 1972.

Attorney(s) appearing for the Case

Bernard Balick, of Aerenson & Balick, Wilmington, for plaintiffs.

Raymond L. Becker, of Becker & Kipp, Wilmington, for defendant.

OPINION

McNEILLY, Judge.

Plaintiffs filed suit against Allstate Insurance Company under the Uninsured Motorists Provision of Plaintiffs' policy with Allstate. Allstate Insurance Company filed a motion to dismiss on the grounds that the Court lacks jurisdiction over the subject matter by reason of the provision for arbitration in the contract of insurance between the parties, which defendant claims excludes this...

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