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BROWN v. UNITED WATER DELAWARE INC.

No. 291, 2009.

3 A.3d 253 (2010)

Joel BROWN and Iris Brown, Plaintiffs Below, Appellants, v. UNITED WATER DELAWARE INC., Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: February 15, 2010.

Attorney(s) appearing for the Case

L. Vincent Ramunno, Esquire , Ramunno & Ramunno, P.A., Wilmington, DE, for Appellants.

Sean J. Bellew, Esquire , (argued) and David A. Felice, Esquire , Ballard Spahr Andrews & Ingersoll, LLP, Wilmington, DE, for Appellee.

Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices, constituting the Court en Banc.

BERGER, Justice:

In this appeal we consider whether homeowners may state a claim for damages allegedly caused by the negligence of a public utility. The so-called "filed rate doctrine" requires regulated utilities to charge all of their customers the rate approved by the regulator. The filed rate generally includes restrictions on the utility's liability. In this case, a water company included in its filed rate a provision exempting it from all liability for damages...

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