Delaware Insurance Law Report

Category Archives: UM/UIM

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Best v. State Farm Mut. Auto. Ins. Co., 2013 WL 3350902 (Del. Super. June 24, 2013).

Posted in Cases, UM/UIM

Mr. Best was operating his vehicle northbound on Valley Road in Hockessin, Delaware when a vehicle travelling southbound on Valley Road made a left turn directly across Mr. Best’s lane of travel. As a result, Mr. Best purportedly took evasive action that resulted in him striking a median and leaving the roadway. Best’s vehicle never… Continue Reading

State Farm Mut. Ins. Co. v. Enrique

Posted in Cases, UM/UIM

State Farm Mut. Ins. Co. v. Enrique, 16 A.3d 938 (TABLE), 2011 WL 1004604 (Del. Mar. 22, 2011) The Delaware Supreme Court affirmed a trial court ruling that an award of prejudgment interest was not within the elements of coverage of a UIM policy but was a litigation cost properly assessed against a insurer litigant… Continue Reading

Leppert v. Nationwide Mut. Ins. Co.

Posted in Cases, UM/UIM

Leppert v. Nationwide Mut. Ins. Co., 2011 WL 2163617 (Del. Super. Mar 11, 2011) The Court upheld the regular use exclusion form Nationwide’s UM/UIM policy against a challenge that it was against public policy.  The court relied upon the precedent of Home Insurance Co. v. Kennedy, 152 A.2d 115 (Del. Super. May 19, 1959) which… Continue Reading