(DOWNLOAD) "Bradford v. Travelers Indemnity Company" by New Castle Superior Court of Delaware ~ eBook PDF Kindle ePub Free
eBook details
- Title: Bradford v. Travelers Indemnity Company
- Author : New Castle Superior Court of Delaware
- Release Date : January 17, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
This is a consolidated action for recovery under certain automobile insurance policies brought by Bradford, Inc. ("Bradford"),
a Delaware corporation, and Francis E. Avallone ("Avallone"), a Delaware citizen, against The Travelers Indemnity Company
("Travelers") and Hartford Accident and Indemnity Company ("Hartford"), both Connecticut corporations conducting insurance
business in Delaware. Bradford and Avallone have also sued Harry S. Wilson ("Wilson"), a Delaware citizen; Hartford has cross-claimed
against Wilson; Wilson has cross-claimed against Hartford; and Bradford has set up a claim against Avallone. The defendants
Travelers, Hartford and Wilson move for summary judgment. Summary judgment is appropriate when "there is no genuine issue as to any material fact and . . . the moving party is entitled
to a judgment as a matter of law." Rule 56(c), Superior Court Civil Rules. The moving party, if a defendant, must demonstrate
to a reasonable certitude that there is no issue of fact which, if resolved in favor of the plaintiff, would hold the defendant
liable. Davis v. University of Delaware, Del.Supr., 240 A.2d 583 (1968). If the defendant meets his burden of proof, the plaintiff
may not rest upon mere allegations or denials in his pleadings, but his response, by affidavit or otherwise, must set forth
specific facts showing that there is a genuine issue for trial. Palivoda v. Bruette, Del.Super., 250 A.2d 808 (1969). Finally,
the facts must be stated in the light most favorable to the non-moving party. Hazewski v. Jackson, Del.Super., 266 A.2d 885
(1970).
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