Free Response to Order - District Court of Delaware - Delaware

Case 1:04-cv-01324-JJF—LPS Document 222-3 Filed 09/18/2006 Page 1 of 2
{JUG?] @06.DOC

Case 1:04-cv-01324-JJF—LPS Document 222-3 Filed 09/18/2006 Page Pgr;22 ot`3
Westlaw
Not Reported in A.2d Page I
Not Reported in A.2d, I98l WL I5097 (Del.Ch.}
(Cite as: Not Reported in A.2d)
H $20,00ll per accident. Sidney Schwartz was killed
Only the Westlaw citation is currently available. in the crash and the plaintiff was seriously injured.
UNPUBLISHED OPINION. CHECK COURT
RULES BEFORE CITING. At the time ofthe collision, Sidney Schwartz was
Court ofChancery ofDelaware. operating an automobile owned by Allstate Auto
SCHWARTZ et al Leasing Company and leased to Schmidt Baking
v. Company. Schmidt procured insurance from
CENTENNIAL INSURANCE CO. etal. Centennial Insurance Company covering the
CIVIL ACTION No. 5350. automobile operated by Sidney Schwartz.
Submitted: Feb. 27, l9Sl. At the time ot` the collision, Sidney and Ruth
Decided: April I. l98l. Schwartz were also insureds under a Travelers'
automobile insurance policy. The contract of
insurance was originally entered into on March 2l,
On Defendants Motion for Summary Judgment: l972 to becorne effective April 8, l9'i2 and it is this
denied. policy which gives rise to the present motion.
Frederick T. I-Iaase, Jr., Roeberg & Associates, Under terms of the policy as issued {No.
P.A., Wilmington. 00?5?9Sl3l0I I] Travelers provided personal
Richard Galperin.Flanzerand Isaacs, Wilmington. injury protection {‘°PlP") of $l0,00U pcr person,
Robert W. Ralston, Prickett, Jones, Elliott, Kristol $20,000 per accident. (l0.»’20) and uninsured
& Schnee, Wilmington. motorists‘ coverage ("UM") in the same amounts.
David S. Lank, Theisen, Lank, Multbrd and
Goldberg, P.A., Wilmington.
Richard A. Levine, Young, Conaway, Stargatt & II
Taylor, Wilmington.
At issue is the uninsured motorist statute, I8 De/.C`.
HARTNETT,Vice-Chancellor. § 3902. IS De!.C. § 3902(a) requires that every
*l This is my decision on defendants Travelers automobile liability insurance policy contain
Indemnity Company`S ("Travelet‘s"} and James S. uninsured motorist insurance, if such policy is
Kemper & Company’s ("Kemper") motion tor delivered or issued tor delivery in Delaware with
summaryjudgment which must be denied. respect to automobiles registered in Delaware or
principally garagcd in Delaware. The one
exception is il` an insured rejects such insurance in
I writing. The amount of UM coverage required by
IS De/.C. § 3902{a) is $l0,000 per person, $20,000
The essential facts are not in dispute. On .Iune 8, per accidenttI0r20).
1975, the plaintiff. Ruth Schwartz and her husband,
Sidney Schwartz. were driving in Maryland on US. In addition, the third sentence of IS De/.(`. §
Route 30I when they were involved in a collision 3902(b) provides: "Each insured shall be offered
with an automobile operated by Henry Baker. the option to purchase additional coverage for
Henry Baker had liability insurance at the time of personal injury or death up to a limit of $300,000,
the collision with Aetna Casualty and Surety but not to exceed the limits for personal injuries set
Company, in the amount of Sl0.000 per person, forth in the basic policy"
© 2006 ThomsontWest. No Claim to Orig. U.S. Govt. Works.
http://web2.westlaw.com/print/printstrcain.asp:·;'?sv=Split&destinatio1t=atp&prid=B0055 80... 9/ I 8/2006
http://web2 .westIavv. com/print/printstreanmaspx?sv=Split&destination=atp&prid=B005 5 80... 9/I 8/2006