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DIMENCO v. SELECTIVE INS. CO. OF AMERICA

No. Civ.A. 01CO2253FSS.

833 A.2d 984 (2002)

Dominic DIMENCO, T/A Complete Painting; Terri Dimenco; and Vincent J. Dimenco, Plaintiffs, v. SELECTIVE INSURANCE COMPANY OF AMERICA, a corporation of the State of New Jersey, Defendant Third Party Plaintiff, v. Imperial Premium Finance, Inc., a corporation of the State of Delaware, Third Party Defendant.

Superior Court of Delaware.

Decided August 21, 2002.

Attorney(s) appearing for the Case

Jerome M. Capone, Delaware, for Plaintiffs.

Robert K. Pearce, Trzuskowski Kipp Kelleher & Pearce, P.A., Delaware, for Defendant, Third Party Plaintiff.

Tiffany L. Geyer, Ashby & Geddes, Delaware, for Third Party Defendant.

OPINION AND ORDER

SILVERMAN, J.

Procedurally, this insurance coverage case is complicated, as it involves third-party practice and dispositive, cross-motions. Substantively, however, the case presents a relatively straightforward question of first impression about the relationship between two sections of the Delaware Insurance Code, 18 Del. C. § 3901 and 4809.

The issue is whether an insurance premium financing company's attempt to cancel...

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