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Summary judgment appropriate in UM case where insured-decedent’s employer-provided policy did not provide supplemental UM/UIM coverage.

January 6, 2015
Stoms v. Federated Serv. Ins. Co., 2014 Del. Super. LEXIS 602 (Del. Nov. 20, 2014)

The decedent and his daughter were involved in a motor vehicle accident with an uninsured motorist while operating a vehicle owned by the decedent’s employer and insured by the defendant as part of a Commercial Package Policy. This policy provided supplemental Uninsured Motorist (UM) benefits for “directors, officers, partners or owners” only. The employer had rejected supplemental UM benefits for any other individual qualifying as an insured. Both parties filed motions for summary judgment, and the court granted the defendant’s motion, finding that the decedent did not qualify for supplemental UM benefits under the unambiguous language and terms of the policy. The plaintiffs also brought a claim for punitive damages; however, the court found that this claim was moot since the decedent was precluded from supplemental coverage under the policy.

Case Law Alerts, 1st Quarter, January 2015

Affiliated Attorney

Dana A. Gittleman
Associate
(267) 519-6597
DAGittleman@mdwcg.com

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