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HOME WARRANTY CORP. v. ELLIOTT

Civ. A. No. 83-230-WKS.

572 F.Supp. 1059 (1983)

HOME WARRANTY CORPORATION, Home Owners Warranty Corporation, and HOW Insurance Company, Plaintiffs, v. David H. ELLIOTT, Insurance Commissioner of the State of Delaware, Defendant.

United States District Court, D. Delaware.

September 22, 1983.

Attorney(s) appearing for the Case

Stephen E. Herrmann, Richards, Layton & Finger, Wilmington, Del., Hamilton H. Boykin, Peter C. Schaumber, Gerald F. Ivey, Esquire, Colton & Boykin, Washington, D.C., Terence S. Cooke, HOW Insurance Company, Washington, D.C., for plaintiffs.

Catherine S. Mulholland, Regina Mullen, Deputy Attys. Gen., Dept. of Justice, Wilmington, Del., for defendant.

OPINION

STAPLETON, District Judge:

Home Warranty Corporation, Home Owners Warranty Corporation, and HOW Insurance Company ("plaintiffs" or "HOW") brought this action against David Elliott, Insurance Commissioner of the State of Delaware ("the Commissioner"), seeking injunctive relief and a declaratory judgment that HOW Insurance Company is a "risk retention group" under the provisions of the Product Liability Risk Retention Act of 1981, 15 U.S.C. §...

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