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ACW CORP. v. MAXWELL

No. 302, 2019.

242 A.3d 595 (2020)

ACW CORPORATION (a.k.a. Arby's) and Eastern Alliance Ins. Co., as Subrogee of Shanara Devon Waters, Plaintiffs Below, Appellants, v. Christopher Robert MAXWELL, and Donegal Mutual Ins. Co. (a.k.a. Donegal Ins. Group), Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: November 18, 2020.

Attorney(s) appearing for the Case

Scott R. Mondell, Esquire , and Andrew J. Carmine, Esquire (Argued), Elzufon Austin & Mondell, P.A., Wilmington, Delaware, for Appellants, ACW Corporation and Eastern Alliance Insurance Company.

Colin M. Shalk, Esquire , Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, Delaware, for Appellees, Christopher Robert Maxwell and Donegal Mutual Insurance Company.

Before SEITZ, Chief Justice; VALIHURA, VAUGHN, TRAYNOR, and MONTGOMERY-REEVES, constituting the Court en Banc.

I. INTRODUCTION

The Appellants, ACW Corporation, a.k.a. Arby's, (Arby's) and Eastern Alliance Ins. Co. ("Eastern Alliance"), as Subrogee of Shanara Devon Waters ("Waters"), appeal the Superior Court's grant of summary judgment in favor of the Appellees, Christopher Robert Maxwell ("Maxwell") and Donegal Mutual Ins. Co...

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