Miller v. Dilts

CONOVER, Presiding Judge.

Ellawione L. Miller and Clifford Miller (Millers) appeal the Delaware Circuit Court's grant of summary judgment to State Farm Mutual Automobile Insurance Company (State Farm).

We reverse.

ISSUE

Whether the trial court erred in entering summary judgment in favor of the insurance company after determining the insured's failure to give notice of the accident as required by the policy until 7 months after the accident unduly prejudiced the company.

FACTS

While Daniel Dilts was driving his father's car, it struck the Millers' truck and Mrs. Miller. The Millers were standing by…