Nationwide Mutual Insurance v. Nacchia

HOLLAND, Justice:

This is an interlocutory appeal. 1 It involves a dispute between an insurer, the defendant-appellant, Nationwide Mutual Insurance Company (“Nationwide”), and its insured, Columbus C. Nacchia, III, and Deborah A. Nacchia (the “Nacchias”). At issue is the construction of underinsured motorist coverage in the automobile insurance policy purchased by the Nacchias from Nationwide.

The Superior Court held that the Nacchi-as were eligible to pursue a recovery of underinsured motorist benefits from Nationwide, notwithstanding the terms of the release executed by the Nacchias in favor…