KIVLIN v. NATIONWIDE MUT. INS. CO.

No. 68, 2000.

765 A.2d 536 (2000)

Mary H. KIVLIN and James G. Kivlin, Plaintiffs Below, Appellants, v. NATIONWIDE MUTUAL INSURANCE COMPANY, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: December 18, 2000.


Attorney(s) appearing for the Case

L. Vincent Ramunno, Esquire and Glenn C. Ward, Esquire (argued), of Ramunno & Ramunno, P.A., Wilmington, Delaware, for appellants.

Robert J. Leoni, Esquire, of Morgan, Shelsby & Leoni, Newark, Delaware, for appellee.

Before VEASEY, Chief Justice, WALSH and HOLLAND, Justices.


HOLLAND, Justice:

The plaintiffs-appellants, Mary H. Kivlin and James G. Kivlin, filed this action against Jason Gilbert and his parents, Jimmy G. Gilbert and Debra Gilbert (the "Gilberts"). The litigation resulted from injuries sustained by James Kivlin on October 5, 1997 in an automobile accident. Jason was driving one of his parents' motor vehicles. Kivlin included a count in the complaint requesting a declaratory judgment...

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