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COLEMAN DUPONT HOMSEY v. VIGILANT INS. CO.

Civil Action No. 07-338-JJF.

496 F.Supp.2d 433 (2007)

COLEMAN DUPONT HOMSEY and Ellen Homsey, Plaintiffs, v. VIGILANT INSURANCE COMPANY, Defendant.

United States District Court, D. Delaware.

July 31, 2007.

Attorney(s) appearing for the Case

John S. Spadaro, Esquire of John Sheehan Spadaro, LLC, Hockessin, DE, for Plaintiffs.

Denise Seastone Kraft, Esquire of Edwards Angell Palmer & Dodge LLP, Wilmington, DE, for Defendant.

MEMORANDUM OPINION

FARNAN, District Judge.

Pending before the Court is a Motion To Dismiss Plaintiffs' Complaint Based Upon Insufficiency Of Count III (Bad Faith) And Count IV (Consumer Fraud) (D.I.3) filed by Defendant, Vigilant Insurance Company ("Vigilant"). For the reasons discussed, the Court will deny the Motion.

BACKGROUND

The factual background relevant to this action is derived from the allegations of

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