O'HANLON v. HARTFORD ACC. & INDEM. CO.

Civ. A. No. 76-59.

457 F.Supp. 961 (1978)

Patrick J. O'HANLON, Individually and as Administrator of the Estate of Brian O'Hanlon, Plaintiff, v. HARTFORD ACCIDENT AND INDEMNITY COMPANY, a Connecticut Corporation, et al., Defendants.

United States District Court, D. Delaware.

October 2, 1978.


Attorney(s) appearing for the Case

David Roeberg of Roeberg & Agostini, P.A., Wilmington, Del., for plaintiff.

F. Alton Tybout of Tybout & Redfearn, Wilmington, Del., for defendant Insurance Company of North America.


OPINION

STAPLETON, District Judge:

The sole question now before the Court is whether Section 3902 of Title 18 of the Delaware Code, pertaining to uninsured motorist insurance, applies to an excess liability insurance policy which, up to a limit of $1,000,000, insures the policy holder, inter alia, for bodily injury, death and property damage liability to a third party in excess of the $100,000/$300,000 retained limits of primary coverage. This issue...

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