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AMERICAN INS. CO. v. MATERIAL TRANSIT, INC.

Civ. A. No. 79C-AU-118.

446 A.2d 1101 (1982)

The AMERICAN INSURANCE CO., a corporation of the State of Georgia, Plaintiff, v. MATERIAL TRANSIT, INC., a corporation of the State of Delaware, Defendant and Third-Party Plaintiff, v. J. A. MONTGOMERY, INC., a corporation of the State of Delaware, Third-Party Defendant.

Superior Court of Delaware, New Castle County.

Decided March 31, 1982.

Attorney(s) appearing for the Case

Paul H. Spiller (argued), of Kimmel & Spiller, Wilmington, for defendant and third-party plaintiff.

Thomas L. Ambro (argued), of Richards, Layton & Finger, Wilmington, for third-party defendant.

O'HARA, Judge.

In an action for non-payment of insurance premiums pursuant to contracts of insurance provided to defendant, Material Transit, Inc. ("Material Transit"), by plaintiff, The American Insurance Co. ("American Insurance"), Material Transit has brought this third-party complaint against J. A. Montgomery, Inc. ("Montgomery"), a local agent for American Insurance. Material Transit's amended third-party complaint...

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