Legal Opinion
Home Warranty Corp. v. Elliott
District Court, D. Delaware
Decided September 22, 1983No. Civ. A. 83-230-WKSPublishedCited by 4 opinions
1Opinion of the Court
OPINION
STAPLETON, District Judge:
Home Warranty Corporation, Home Owners Warranty Corporation, and HOW Insurance Company (“plaintiffs” or “HOW”) brought this action against David Elliott, Insurance Commissioner of the State of Delaware (“the Commissioner”), seeking injunctive relief and a declaratory judgment that HOW Insurance Company is a “risk retention group” under the provisions of the Product Liability Risk Retention Act of 1981, 15 U.S.C. § 3901 et seq. (“the RRA” or “the Act”). Cross-motions for summary judgment have been briefed and argued and are now ripe for decision.
I. BACKGROUND
Hom…
2Cases cited5 opinions
- Pennsylvania Glass Sand Corporation v. Caterpillar Tractor CompanyCourt of Appeals for the Third Circuit · 1981
- Schipper v. Levitt & Sons, Inc.Supreme Court of New Jersey · 1965
- Kriegler v. Eichler Homes, Inc.California Court of Appeal · 1969
- Immergluck v. Ridgeview House, Inc.Appellate Court of Illinois · 1977
- Gay v. CornwallCourt of Appeals of Washington · 1972
3Cited by4 opinions
- Home Warranty Corporation v. Johnnie L. Caldwell, Insurance Commissioner of the State of Georgia, DefendantCourt of Appeals for the Eleventh Circuit · 1985
- Cobert v. Home Owners Warranty Corp.Supreme Court of Virginia · 1990
- Viet Cuong Nguyen v. Glendale Construction Co.Court of Appeals of Washington · 1989
- Home Warranty Corp. v. ElliottDistrict Court, D. Delaware · 1984