Plaintiff waives PIP coverage in Maryland but is entitled to PIP coverage in Delaware.

The plaintiff, a Maryland resident and operating a Maryland insured vehicle, was involved in an automobile accident in Delaware.  Maryland law permits its residents to waive PIP coverage, and the plaintiff did waive that coverage.  However, she argued in this case that her PIP carrier owed Delaware minimum PIP coverage of $15,000 because the accident occurred in Delaware.  The PIP carrier disagreed.  The parties filed cross-motions for summary judgment on the issue of whether the PIP carrier owed the plaintiff PIP coverage.  The court found: (1) while 21 Del. C. § 2118(b) requires out-of-state drivers to have insurance equal to the minimum insurance required by their home state, it does not specify whether that mandated insurance be liability insurance or PIP; (2) Maryland mandates liability insurance and PIP, but it allows PIP to be waived; (3) the plaintiff waived PIP coverage, but that waiver is not effective in Delaware; and (4) the plaintiff is entitled to PIP coverage in Delaware because her policy contains an extraterritoriality provision contractually obliging the PIP carrier to meet Delaware's minimum PIP benefits.

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