Bozievich v. Moreau, No. S16C-12-004 ESB, 2019 Del. Super. LEXIS 196 (Super. Ct. Apr. 16, 2019)

One party cannot sue another’s UM/UIM carrier for indemnification and/or contribution if the suing party is neither the insured nor an intended third-party beneficiary.

Mr. Schmelz claimed he stopped his vehicle because of a couch in the middle of the road and was then rear-ended by Martone. After Schmelz sued Martone in a personal injury claim stemming from the accident, Martone filed a third party complaint against Schmelz’s UM carrier seeking contribution and/or indemnification for any amount she may be required to pay Schmelz. Upon a motion to dismiss the third party complaint, the court held that Martone was neither an insured nor an intended third-party beneficiary of the UM contract between the carrier and Schmelz. Therefore, the court found that Martone lacked standing to bring the lawsuit. The court granted the defendant’s motion to dismiss for failure to state a claim under Del. Super. Ct. R. 12(b)(6).


Case Law Alerts, 3rd Quarter, July 2019

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