Insurer complied with 21 Del. C. § 2118b by giving the plaintiff 30 days’ notice that it was denying her medical claims related to the accident.

After the plaintiff was injured in a motor vehicle accident, she made an uninsured/underinsured personal injury claim under her automobile insurance policy. A doctor hired by the insurer conducted an independent medical evaluation and determined that the injuries were due to a pre-existing degenerative disease, which was temporarily aggravated by the accident. Therefore, the insurer sent the plaintiff a letter explaining that the medical claims would not be honored after a certain date due to the medical evaluation. The Superior Court of Delaware, Kent granted the insurer’s motion for partial summary judgment as to Plaintiff’s claims for statutory damages under 21 Del. C. § 2118B and attorney’s fees, because it provided Plaintiff 30 days’ notice that it was denying her claim, and provided the reason for its decision.

Case Law Alert, 1st Qtr 2012