(DOWNLOAD) "Nationwide Mutual Insurance Company v." by Supreme Court of Delaware # eBook PDF Kindle ePub Free
eBook details
- Title: Nationwide Mutual Insurance Company v.
- Author : Supreme Court of Delaware
- Release Date : January 02, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Once again we are required to resolve a dispute over the terms of an automobile insurance policy. Nationwide Mutual Insurance
Company (Nationwide) argues that Lamont and Betty Starr (the Starrs) are not entitled to uninsured motorist benefits because
they agreed to release the tortfeasor, Barbara Suiter (Suiter), in exchange for the right to pursue a bad faith settlement
claim against Suiter's insurer. The Court of Chancery ruled that the agreement only conditionally released Suiter; thus, Nationwide's
right of subrogation was preserved and it suffered no prejudice from the agreement. The trial court held that the Starrs were
entitled to receive uninsured motorist benefits and to reform their policy to conform to the statutory amount of coverage
prescribed by 18 Del C. § 3902. 1 We agree with that result, but observe that under the express terms of the
policy, Nationwide was not entitled to subrogation. Thus, even if the Starrs' agreement had immediately released Suiter, Nationwide
would not have been prejudiced. Accordingly, we affirm. I.
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