Supreme Court of Delaware

A claimant may recover under two underinsured motorist (UIM) policies if the tortfeasor's automobile is "underinsured," as defined by statute, under either UIM policy. To qualify as "underinsured," the limits of bodily injury coverage available to the tortfeasor must be less than the limits provided by the claimant's UIM coverage.

Appellate Information

• Decided 02/13/2004
• Published 02/13/2004

Judges

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

Court

• Supreme Court of Delaware

Counsel

• For Appellant:
  
• Joseph J. Rhoades, Esquire (argued), and W. Christopher Componovo, Esquire, of the Law Offices of Joseph J. Rhoades, Wilmington, Delaware, for Appellant., Gary S. Nitsche, Esquire (argued), of Weik, Nitsche & Dougherty, Wilmington, Delaware, for Amicus Curiae, Delaware Trial Lawyers Association.


• For Appellees:
  
• Richard W. Pell, Esquire (argued) and Gregory R. Babowal, Esquire, of Tybout, Redfearn and Pell, Wilmington, Delaware, for Appellee.