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ALLSTATE INS. CO. v. ROSSI AUTO BODY

Civ. A. No. 00C-06-079-JOH.

787 A.2d 742 (2001)

ALLSTATE INSURANCE COMPANY and Aimee Sann, Plaintiffs, v. ROSSI AUTO BODY, INC., Defendant.

Superior Court of Delaware, New Castle County.

Argued: August 31, 2000.

Decided: October 23, 2000.

Revised: January 12, 2001.

Attorney(s) appearing for the Case

Arthur D. Kuhl (argued) of Michael A. Pedicone, P.A., Wilmington, for plaintiff Allstate Insurance Company.

Stephen B. Potter (argued) of Potter, Carmine & Leonard, P.A., Wilmington, for plaintiff Aimee Sann.

Christopher J. Curtin (argued) of Erisman & Curtin, Wilmington, for defendant Rossi Auto Body, Inc.

OPINION

HERLIHY, Judge.

Plaintiffs Allstate Insurance Company and Aimee Sann have filed an action in replevin, for declaratory judgment and for damages for automobile repair fraud against defendant Rossi Auto Body, Inc. Sann's vehicle was involved in an automobile accident. It was towed and ended up with Rossi, which claims it had authority to make certain repairs. Whether it did or how much was authorized is part of the dispute. Apparently, Rossi...

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