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NATIONWIDE MUT. AUTO. INS. v. PEEBLES

Nos. 155, 1996, 242, 1996.

688 A.2d 1374 (1997)

NATIONWIDE MUTUAL AUTOMOBILE INSURANCE COMPANY, and Adrian McCollough Balmer, Defendants Below, Appellants, v. Christine PEEBLES and Horace Peebles, Plaintiffs Below, Appellees. NATIONWIDE MUTUAL INSURANCE COMPANY, Plaintiff Below, Appellant, v. David C. MAYO and Carol J. Mayo, Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: February 18, 1997.

Attorney(s) appearing for the Case

Gilbert F. Shelsby of Mason, Ketterman & Morgan, Newark, and Angus R. Everton (argued), of Mason, Ketterman & Morgan, Baltimore, MD, for appellant.

Kenneth M. Roseman (argued), of Ciconte, Roseman & Wasserman, Wilmington, for appellees, Christine Peebles and Horace Peebles.

Michael Weiss (argued), and Yvonne Takvorian Saville, of Michael Weiss, P.A., Wilmington, for appellees, David C. Mayo and Carol J. Mayo.

Before VEASEY, C.J., WALSH, HOLLAND, HARTNETT, and BERGER, JJ. (constituting the Court ).

HOLLAND, Justice, for the majority:

This is a consolidated appeal from two Superior Court judgments. The defendant-appellant in each proceeding is Nationwide Mutual Automobile Insurance Company ("Nationwide"). The plaintiffs-appellees in one case are Christine Peebles and Horace Peebles. The other plaintiffs-appellees are David C. Mayo and Carol J. Mayo.

The single common legal issue in both cases relates to the underinsurance policy issued by Nationwide to...

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