Superior Court of Delaware

Defendant-insurer's motion for summary judgment on a claim for underinsured motorist (UIM) coverage arising from injuries plaintiff sustained in a car accident is denied where: 1) plaintiff may look to her personal policy with higher limits than those of the tortfeasor, to qualify for UIM coverage, and then "stack" the amounts onto the policy defendant issued for the car; and 2) certain of defendant's policy language was void as against public policy.

Appellate Information

• Decided 08/23/2006
• Published 08/28/2006

Judges

Court

• Superior Court of Delaware

Counsel