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WINTERWERP v. ALLSTATE INS. CO.

[No. 152, September Term, 1975.]

277 Md. 714 (1976)

357 A.2d 350

WINTERWERP v. ALLSTATE INSURANCE COMPANY

Court of Appeals of Maryland.

Motion for reconsideration filed June 11, 1976.

Denied June 15, 1976.

Attorney(s) appearing for the Case

Argued and reargued by Karl G. Feissner and Ronald S. Schimel, with whom were Feissner, Garrity, Levan & Schimel on the brief, for appellant.

Argued and reargued by James T. Wharton, with whom were McCarthy & Wharton on the brief, for appellee.

The cause was argued before MURPHY, C.J., and SINGLEY, SMITH, DIGGES, LEVINE, ELDRIDGE and O'DONNELL, JJ., and reargued before MURPHY, C.J., and SINGLEY, SMITH, DIGGES, LEVINE and ELDRIDGE, JJ., and JERROLD V. POWERS, Associate Judge of the Court of Special Appeals, specially assigned.

LEVINE, J., delivered the opinion of the Court. SMITH, DIGGES and ELDRIDGE, JJ., dissent and SMITH, J., filed a dissenting opinion in which DIGGES and ELDRIDGE, JJ., concur at page 722 infra.

This appeal is from a decision of the Circuit Court for Prince George's County (Mathias, J.) in a declaratory judgment action brought by appellant, Carl J. Winterwerp (the insured), against appellee, Allstate Insurance Company (Allstate), the insurer. The court declared...

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