Supreme Court of Delaware

Under the test for coverage set forth in Continental Ins. Co. v. Klug, 415 N.W. 2d 876 (Minn. 1987), where an act of independent significance breaks the causal link between the use of a vehicle and infliction of injury to an insured/claimant, uninsured motorist coverage is not available. In a suit brought seeking uninsured motorist benefits from carriers after an unidentified man got out of a truck and assaulted plaintiff while he and a passenger were stopped at a traffic light in the passenger's car, summary judgment for plaintiff is reversed where he was not covered because his injuries did not arise "out of the ownership, maintenance or use" of the uninsured motor vehicle.

Appellate Information

• Decided 02/21/2007
• Published 02/23/2007

Judges

• STEELE, Chief Justice:, Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices, constituting the court en banc.

Court

• Supreme Court of Delaware

Counsel

• For Appellant:
  
• Thomas P. Leff, Casarino, Christman & Shalk, P.A., Wilmington, DE, for appellant State Farm., Robert J. Leoni, Morgan, Shelsby & Leoni, Stanton, DE, for appellant Nationwide.


• For Appellees:
  
• Christopher J. Sipe, Christopher J. Sipe, P.A., Newark, DE, for appellee Buckingham.