Legal Opinion

Mason v. United Services Automobile Ass'n

Supreme Court of Delaware

Decided July 30, 1997No. 231, 1996PublishedCited by 19 opinions

1Opinion of the Court

HARTNETT, Justice:

In this appeal from a grant of summary judgment by the Superior Court, we consider the affirmative duties imposed on an insurance carrier by 18 Del.C. § 3902(b). That statute requires a motor vehicle liability insurance carrier to make a meaningful offer to an insured of additional uninsured motorist coverage. We conclude that the insurance carrier did not satisfy its burden of showing that it had made the required offer of additional coverage because its only communications to the insured were neither timely nor sufficient. The Superior Court therefore erred in granting…

2Cases cited12 opinions

  1. Rhone-Poulenc Basic Chemicals Co. v. American Motorists Insurance Co.Supreme Court of Delaware · 1992
  2. Burkhart v. DaviesSupreme Court of Delaware · 1991
  3. Hallowell v. State Farm Mutual Automobile InsuranceSupreme Court of Delaware · 1982
  4. United Vanguard Fund, Inc. v. TakeCare, Inc.Supreme Court of Delaware · 1997
  5. Steigler v. Insurance Co. of North AmericaSupreme Court of Delaware · 1978

7 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Emmons v. Hartford Underwriters InsuranceSupreme Court of Delaware · 1997
  2. Schuster v. DerociliSupreme Court of Delaware · 2001
  3. Farm Bureau Mutual Insurance v. JamesonDistrict Court, D. New Mexico · 2006
  4. Friendly Finance Corp. v. BoveeSupreme Court of Delaware · 1997
  5. Warren v. Liberty Mutual Fire InsuranceDistrict Court, D. Colorado · 2007

14 more not listed; retrieve them via the Exa API.

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