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BANK OF DELAWARE v. ALLSTATE INS. CO.

Civil Action No. 81C-OC-118.

448 A.2d 231 (1982)

BANK OF DELAWARE and Insurance Company of North America, Plaintiffs, v. ALLSTATE INSURANCE COMPANY and Wright Construction Company, Defendants.

Superior Court of Delaware, New Castle County.

Decided May 19, 1982.

Attorney(s) appearing for the Case

F. Alton Tybout, of Tybout, Redfearn, Casarino & Pell, Wilmington, for plaintiffs.

Joseph G. Manta, and John C. Sullivan, of Frumkin & Manta, Philadelphia, Pa., and Frank O'Donnell, of O'Donnell & Hughes, Wilmington, for Allstate Ins. Co.

Daniel M. Kristol, and Dennis Spivack, of Prickett, Jones, Elliott, Kristol & Schnee, Wilmington, for Wright Const. Co.

O'HARA, Judge.

Wright Construction Company ("Wright") and Allstate Insurance Company ("Allstate") have moved to dismiss plaintiffs' declaratory judgment complaint. Plaintiffs, Bank of Delaware ("Bank") and Insurance Company of North America ("INA"), have requested a declaration of the rights which flow through an indemnification agreement between Bank and Wright from a contract of insurance between Wright and Allstate.

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