Supreme Court of Delaware

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DAPRATO v. STATE FARM MUT. AUTO. INS. CO., 348, 2003

Neither Delaware's Financial Responsibility Laws, which require drivers to carry minimum auto liability coverage, nor the underlying public policy, which is to provide primary coverage for all personal injury claims arising out of auto accidents, invalidates the household exclusion found in plaintiff's personal liability umbrella policy. The terms of such personal liability excess policies are solely within the discretion of the contracting parties.

Appellate Information

  • Decided 12/17/2003
  • Published 12/17/2003

Judges

  • STEELE, Justice., Before VEASEY, Chief Justice, HOLLAND, BERGER, STEELE and JACOBS, Justices (constituting the Court en banc).

Court

  • Supreme Court of Delaware

Counsel

  • For Appellant:
  • Colin M. Shalk (argued) and Thomas P. Leff of Casarino, Christman & Shalk, Wilmington, Delaware, for Appellant.

  • For Appellees:
  • Nicholas H. Rodriguez and Noel E. Primos (argued) of Schmittinger and Rodriguez, P.A., Dover, Delaware, for Appellee.
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