Selective Insurance Co. v. Lyons

WALSH, Justice:

Selective Insurance Company (“Selective”) appeals a decision of the Superior Court requiring it to pay benefits to Edward Lyons (“Lyons”), who was injured in an accident involving a Selective policy holder. The Superior Court based its decision on its determination that Lyons was not an occupant of his car at the time of the accident and therefore the occupant of another vehicle exclusion in the Selective Policy was not invoked. The Superior Court’s definition of “occupant,” however, is at variance with previous construction of the term under Delaware law. Furthermore, the…