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LONERGAN v. NATIONWIDE MUT. INS. CO.

Civ. A. No. 93C-04-119.

663 A.2d 480 (1995)

Joseph LONERGAN and Sally Lonergan, his wife, Individually and as Administrators of the Estate of John J. Lonergan, deceased, Donald R. Lederer and Janet Lederer, his wife, Individually, and Janet Lederer as Administratrix of the Estate of James R. Lederer, deceased, Ronald Lee Higginbotham and Un Ok Higginbotham, Individually, and Un Ok Higginbotham as Personal Representative of the Estate of John L. Higginbotham, deceased, and Brian Green, Plaintiffs, v. NATIONWIDE MUTUAL INSURANCE COMPANY, Defendant.

Superior Court of Delaware, New Castle County.

Decided May 17, 1995.

Attorney(s) appearing for the Case

Bartholomew J. Dalton, Brandt and Dalton, P.A., for plaintiffs.

Mason E. Turner, Jr., Prickett, Jones, Elliott, Kristol & Schnee, for defendant.

OPINION

HERLIHY, Judge.

This is a declaratory judgment action to determine insurance coverage. The dispute arises out of a triple fatal accident. The vehicle at fault was driven by Dale Rausch [Rausch]. It was owned by Middletown Service Center, Inc. [Middletown].

The Rausch vehicle in question was insured through Nationwide Mutual Insurance Company [Nationwide] under a Middletown business policy. Payment to plaintiffs has already been made pursuant...

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