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STOMS v. FEDERATED SERVICE INSURANCE COMPANY

C.A. No. N14C-01-163 MJB.

EPIPHANY F. STOMS, individually and as Administratrix of the Estate of DAVID W. STOMS, decedent, and as Guardian ad Litem of ALEXIS D. STOMS and CHAD D. STOMS, Plaintiff, v. FEDERATED SERVICE INSURANCE COMPANY Defendant.

Superior Court of Delaware, New Castle County.

Decided: November 20, 2014.

Attorney(s) appearing for the Case

Jonathan B. O'Neill, Esquire , Kimmel, Carter, Roman, Peltz & O'Neill, P.A., 56 W. Main Street, Plaza 273, 4th Floor, P.O. Box 8149, Newark, Delaware 19714, Attorney for Plaintiff.

James S. Yoder, Esquire , White and Williams LLP, 824 N. Market Street, Suite 902, Wilmington, Delaware 19899, Attorney for Defendant.

OPINION

BRADY, J.

I. INTRODUCTION

On November 3, 2012, David W. Stoms ("Decedent") was involved in an automobile accident with an uninsured driver. Decedent was killed in the accident, and Decedent's minor daughter was seriously injured. At the time of his death, Decedent was driving a car owned by his employer, Diamond Motor Sports, Inc. ("Diamond Motor"). The vehicle was insured by Federated Service...

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