Kelty v. State Farm Mutual Automobile Insurance

STEELE, Chief Justice:

This case addresses the scope of insurance coverage under Delaware’s personal injury protection (PIP) statute.1 A plaintiff who was injured in an accident sought PIP benefits from an insurance carrier. To determine whether the plaintiff was entitled to PIP benefits, a Superi- or Court judge applied Delaware’s current three-part test and analyzed: (1) “whether the vehicle was an ‘active accessory’ in causing the injury,” (2) “whether there was an act of independent significance that broke the causal link between use of the vehicle and the injuries inflicted,” and (3)…