Supreme Court of Delaware

In an insurance liability dispute, summary judgment for defendant is reversed where: 1) the minor deviation rule controls the review of whether the deceased permittee's vehicle use fell outside the insurance policy's omnibus clause's coverage; and 2) there are material questions of fact that remain regarding the deceased's permission and use of the vehicle, and the record evidence does not support the trial court's determination that the deceased's use constituted a major deviation as a matter of law.

Appellate Information

• Decided 07/23/2009
• Published 07/23/2009

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:
  
• Gary S. Nitsche (argued) and Michael B. Galbraith of Weik, Nitsche, Dougherty & Componovo, Wilmington, DE, for appellants.


• For Appellees:
  
• David G. Culley (argued) and Julie H. Yeager of Tybout, Redfearn & Pell, Wilmington, DE, for appellees.