Delaware, March, 2004, State Case law

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State Courts - Delaware - March 10, 2004

Belfint, Lyons & Shuman, P.A. v. Pevar, No. 204, 2003, SUPREME COURT OF DELAWARE, March 10, 2004, Decided
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Overview: Whether company president's answering of complaint against his company, even though he was a nonlawyer, rendered subsequent dismissal of law firm's action to collect on it void, and related issues, were best addressed initially by the trial court.

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Kent v. Nationwide Prop. & Cas. Ins. Co., C.A. No.: 02C-12-094 SCD, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 10, 2004, Decided
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Overview: When New Jersey law precluded Delaware resident's recovery of noneconomic damages from New Jersey tortfeasor, legislative intent of Delaware statute governing uninsured claims required uninsured motorist benefits to be available to Delaware resident.

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Lum v. Anderson, C.A. No. 02C-08-225 RRC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 10, 2004, Decided
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Overview: Homeowners who did not hold their property open to the public, even though they did not discourage use of purported path as shortcut, were not liable to pedestrian who tripped and fell, as she was not a public invitee.

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Senior Tour Players 207 Mgmt. Co. LLC v. Golftown 207 Holding Co. LLC, C.A. No. 20187, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, March 10, 2004, Decided
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Overview: Former managers of a limited liability company were entitled to advancement of legal fees in a current manager's action for breach of contract and breach of fiduciary duties; a provision in the company's operating agreement provided for advancement.

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Senior Tour Players 207 Mgmt. Co. v. Golftown 207 Holding Co., C.A. No. 20116, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, March 10, 2004, Decided
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Overview: Because the operating agreement of an LLC required the company to both indemnify and advance legal fees to the full extent that the Limited Liability Company Act allowed, when one member sued others, company had to advance fees.

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TIG Ins. Co. v. Premier Parks, Inc., C.A. No. 02C-04-126 JRS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 10, 2004, Decided
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Overview: Insured was not entitled to indemnification under a policy for a punitive damages award in an underlying lawsuit, but the insured was entitled to indemnification under the policy for some of the compensatory damages awards in the underlying suit.

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