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NATIONWIDE INS. CO. v. ROTHERMEL

385 A.2d 691 (1978)

NATIONWIDE INSURANCE COMPANY, Defendant below, Appellant, v. Herbert M. ROTHERMEL, Plaintiff below, Appellee.

Supreme Court of Delaware.

Decided March 21, 1978.

Attorney(s) appearing for the Case

Mason E. Turner, Jr. of Prickett, Ward, Burt & Sanders, Wilmington, for defendant below, appellant.

Harry H. Rhodes, III, of Brown, Shiels & Barros, Dover, for plaintiff below, appellee.

Before HERRMANN, C. J., and DUFFY and McNEILLY, JJ.

McNEILLY, Justice (for the majority):

In this suit for recovery of personal injury protection benefits, defendant insurance company appeals from an order of the Superior Court granting plaintiff's motion for partial summary judgment on the issue of liability. In reaching our decision, we find it necessary to address only the issue of whether the applicable statute of limitations has run its course so as to bar the suit. The majority of this Court are of the opinion...

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