Delaware, April, 2003, State Case law

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State Courts - Delaware - April 7, 2003

Ameer-Bey v. Liberty Mut. Fire Ins. Co., C.A. No. 00C-11-031 RRC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 7, 2003, Decided
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Overview: Where an insured paid consideration for the recovery from a collateral source, by paying for uninsured motorist coverage, the insured created an independent fund from which she could draw, and expectations of a double recovery were not unreasonable.

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Calvarese v. State Farm Mut. Ins. Co., C.A. No. 00C-11-243 RRC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 7, 2003, Decided
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Overview: The extent to which collateral source rule applied, so as to permit double recovery, depended upon contractual expectations, and conditions under which double recovery was allowed would best be determined by examining the consideration that was paid.

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Hickson v. State, No. 542, 2002, SUPREME COURT OF DELAWARE, April 7, 2003, Decided
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Overview: Where the police routinely used an information system to ascertain motor vehicle information, the use rendered the information sufficiently trustworthy for judicial notice and admission as a public record.

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In re Biggins, No. 109, 2003, SUPREME COURT OF DELAWARE, April 7, 2003, Decided
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Matthaeus v. Matthaeus, C.A. No. 99C-05-177 WCC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 7, 2003, Decided
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Overview: Husband's complaint, seeking monetary damages in Delaware Superior Court as a result of former wife's conduct related to orders issued in Delaware Family Court, was dismissed, as only Family Court had jurisdiction over such family and child matters.

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Rodriguez v. State, No. 456, 2001, SUPREME COURT OF DELAWARE, April 7, 2003, Decided
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Overview: Supreme court affirmed defendant's convictions of second and third degree arsons; jury was correctly not instructed on lesser included offense of reckless burning since there was no evidence of its required element of no damages.

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Sullivan v. Esquire Plumbing & Heating, C.A. No. 02A-09-005 JRS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 7, 2003, Decided
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Overview: Record supported Delaware Unemployment Insurance Appeal Board's decision that employee who quit his job because he believed he was being paid less than union by-laws required did not leave for good cause and was not entitled to unemployment benefits.

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