Home Warranty Corp. v. Elliott

OPINION

STAPLETON, Chief Judge:

On April 25, 1983, plaintiffs Home Warranty Corporation, Home Owners Warranty Corporation, and How Insu. 'anee Company (collectively, HOW) brough this action against defendant David Elliott, Insurance Commissioner of the State of Delaware (the Commissioner), seeking declaratory and injunctive relief. HOW sought a temporary restraining order and preliminary injunction against the Commissioner’s refusal to allow HOW to use its filing with his office as authority to operate its “Home Owners Warranty” insurance program (the HOW program) on an interstate basis as a…