State Farm Mutual Automobile Insurance v. Davis

RIDGELY, Justice:

This interlocutory appeal involves whether Delaware’s personal injury pro*630tection (PIP) statute1 requires insurers to reserve PIP benefits for lost wages when requested. The plaintiff suffered severe injuries as a passenger in a car accident. While he was in a coma, his mother signed for him an assignment of insurance benefits in favor of the hospital. Plaintiff has not challenged the validity of this assignment. The hospital’s claim was promptly paid by the insurance company. When the plaintiff later requested the insurers to reserve his PIP benefits for his past and future…