State Farm Mutual Automobile Insurance v. Nalbone

The certified question in this case raises two issues. First, who is primarily responsible for paying Nalbone’s lost wages? Second, is Mrs. Nalbone entitled to double recovery?

The following legal principles are not in dispute: (1) State Farm, like all insurers operating in this State, is required to issue policies that extend PIP benefits coexten-sively with the requirements of 21 Del.C. § 2118; (2) the language of section 2118(a)(2)a.2. mandates compensation for the net amount of lost earnings; and (3) a policy provision or coverage interpretation that does not meet the minimum requirements…