Deal v. Dimondo

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE DEBORAH A. DEAL, ) ) Plaintiff, ) ) v. ) C.A. No. N16C-03-005 JAP ) LAUREN E. DIMONDO and ) USAA CASUALTY INSURANCE ) COMPANY, ) ) Defendants. ) ) MEMORANDUM OPINION The issue before the court is a narrow one: Which version of the underinsured motorist statute applies to this case? Under the former version Plaintiff is not entitled to UIM benefits; under the more recent version, she is. Plaintiff’s insurance carrier, USAA, has moved to dismiss claiming that the older version of the statute applies here. The court agrees. The facts are…