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MORGAN v. STATE FARM MUT. AUTO. INS. CO.

402 A.2d 1211 (1979)

Barbara MORGAN, Administratrix of the Estate of Georgiann Morgan and Marcia Rust, Plaintiffs, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

Superior Court of Delaware, New Castle County.

Decided May 15, 1979.

Attorney(s) appearing for the Case

Robert Burton Coonin of Knecht, Greenstein, Schagrin & Berkowitz, Wilmington, for plaintiffs.

Stephen P. Casarino of Tybout & Redfearn, Wilmington, for defendant.

O'HARA, Judge.

Plaintiffs filed a complaint for a declaratory judgment, asserting their right to recover damages under an automobile insurance policy issued by defendant covering a 1969 Pontiac Tempest. The parties have filed cross-motions for summary judgment.

Plaintiff Morgan's decedent was fatally injured and plaintiff Rust severely injured on September 12, 1976 when the 1969 Pontiac automobile, driven by Eugene...

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