Emmons v. Hartford Underwriters Insurance

VEASEY, Chief Justice:

In this appeal, we consider whether a wife is legally entitled to recover uninsured motorist (“UM”) benefits for the wrongful death of her husband up to the “per accident” limit of their joint automobile insurance policy, when the decedent’s estate has already recovered through the operation of Delaware’s survival statute the maximum amount of damages available under the “per person” limits of the policy. We hold that, under the language of the policy, the wife is an insured wTho is legally entitled to recover UM benefits. We further hold that, because the policy does…