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O'BRIEN v. PROGRESSIVE NORTHERN INS. CO.

Nos. 58,2001, 22,2001, 134,2001.

785 A.2d 281 (2001)

Randy and Eileen O'BRIEN Individually and as Representatives of all persons similarly situated Plaintiffs Below, Appellants, v. PROGRESSIVE NORTHERN INSURANCE COMPANY, Defendant Below, Appellee. Steven D. Connelly, Individually and as representative of all persons similarly situated, Plaintiffs Below, Appellants, v. Keystone Insurance Company, Defendant Below, Appellee. John E. Hocutt, Jr., Individually and on behalf of all others similarly situated, Plaintiff Below, Appellant, v. State Farm Mutual Automobile Insurance Company, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: November 9, 2001.

Reargument Denied December 4, 2001.

Attorney(s) appearing for the Case

Robert Jacobs and J.X. Hedrick, II of Jacobs & Crumplar, Wilmington; Richard L. Akel of Weitz & Luxenberg, New York City; Debra Brewer Hayes (argued) of Reich & Binstock, Houston, Texas, of counsel, for Randy and Eileen O'Brien and Steven D. Connelly.

James W. Semple (argued) of Morris, James, Hitchens & Williams, Wilmington, for Progressive Northern Insurance Company.

Michael L. Vild and Christopher A. Ward of the Bayard Firm, Wilmington; Jeffrey A. Less (argued) and Paul B. Bech of Bazelon Less & Feldman, Philadelphia, Pennsylvania, of counsel, for Keystone Insurance Company.

William R. Peltz of Kimmel, Carter, Roman & Peltz, Wilmington; Lawrence E. Feldman, Mark C. Rifkin (argued), and Roseann E. Weisblatt of Feldman & Rifkin, Jenkintown, Pennsylvania; Jonathan Shub of Sheller, Ludwig & Badey, Philadelphia, Pennsylvania, of counsel, for John E. Hocutt, Jr.

Allen M. Terrell, Jr., (argued) Frederick L. Cottrell, III, and Chad M. Shandler of Richards, Layton & Finger, Wilmington, for State Farm Mutual Insurance Company.

Before WALSH, HOLLAND and STEELE, Justices.

STEELE, Justice.

Steven D. Connelly, Plaintiff-below, appeals the December 18, 2000 joint order of the Superior Court granting Defendant-below Keystone Insurance Company's Motion to Dismiss. Plaintiffs-below Randy and Eileen O'Brien appeal the Superior Court's February 5, 2001 order granting Defendant-below Progressive Northern Insurance Company's Motion to Dismiss the O'Briens' suit. John E. Hocutt, also Plaintiff-below...

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