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POLLY DRUMMOND THRIFTWAY, INC. v. W.S. BORDEN CO.

No. Civ.A.97-272-SLR.

95 F.Supp.2d 212 (2000)

POLLY DRUMMOND THRIFTWAY, INC., Plaintiff, v. W.S. BORDEN COMPANY (a/k/a Borden-Perlman Insurance Agency); Commercial Union Insurance Companies; and LMI Insurance Company, Defendants.

United States District Court, D. Delaware.

May 1, 2000.

Attorney(s) appearing for the Case

James F. Kipp, Trzuskowski, Kipp, Kelleher & Pearce, P.A., Wilmington, DE, for plaintiff.

Paul Cottrell, Tighe, Cottrell & Logan, P.A., Wilmington, DE, for defendant Borden Perlman Insurance Agency.

Francis G.X. Pileggi, Manta and Welge, Wilmington, Delaware, for defendant Commercial Union Insurance Companies, Joshua Wall, Cozen and O'Connor, Philadelphia, PA, of counsel.

OPINION

SUE L. ROBINSON, District Judge.

I. INTRODUCTION

This is an action filed by plaintiff Polly Drummond Thriftway, Inc., t/a Zingo's Shop-N-Bag ("Polly Drummond"), against defendant W.S. Borden Company, a/k/a the Borden-Perlman Insurance Agency ("Borden-Perlman").1 At all times relevant to the matters at issue, Polly Drummond obtained its insurance coverage through Borden-Perlman. Polly Drummond claims at bar that...

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