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DELMAR NEWS, INC. v. JACOBS OIL CO.

584 A.2d 531 (1990)

DELMAR NEWS, INC., a Delaware Corporation, Plaintiff, v. JACOBS OIL COMPANY, a Delaware Corporation and Maryland Casualty Company, Defendants.

Superior Court of Delaware, New Castle County.

Decided: August 10, 1990.

Attorney(s) appearing for the Case

William J. Wier, Jr. of Wier & Halberstadt, Wilmington, for plaintiff.

Robert J. Katzenstein, and Terence Chu, of Lassen, Smith, Katzenstein & Furlow, Wilmington, for defendant Maryland Cas. Co.

OPINION

BARRON, Judge.

Before the Court is a motion to dismiss the complaint of Plaintiff Delmar News, Inc. (Delmar) filed by Defendant Maryland Casualty Company (MCC) pursuant to Superior Court Civil Rule 12(b)(6).1 Stated generally, the fundamental issue upon which MCC's motion turns is whether or not an injured third-party may maintain a direct action against the wrongdoer's liability insurance carrier prior to a determination...

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