Bill Text: DE HB255 | 2009-2010 | 145th General Assembly | Draft
Bill Title: An Act To Amend Title 18 Of The Delaware Code Relating To Insurance.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2010-01-20 - HS 1 for HB 255 - Reported Out of Committee (ECONOMIC DEVELOPMENT/BANKING/INSURANCE/COMMERCE) in House with 5 On Its Merits, 1 Unfavorable [HB255 Detail]
Download: Delaware-2009-HB255-Draft.html
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SPONSOR: |
Rep. Keeley & Sen. Blevins |
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HOUSE OF REPRESENTATIVES 145th GENERAL ASSEMBLY |
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HOUSE BILL NO. 255 |
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AN ACT TO AMEND TITLE 18 OF THE |
Section 1Amend §3902(b)(2), Title 18 of the Delaware Code by deleting the language "total less than the limits provided by the uninsured motorist coverage" as it appears therein and inserting in lieu thereof the language "are less than the damages sustained by the insured".
SYNOPSIS
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The purpose
of this amendment is to allow innocent victims of motor vehicle collision to
access their own underinsured insurance benefits in circumstances where the
victim's damages are greater than the amount of the negligent driver's
insurance policy limits.Delaware
courts have ruled that if the innocent victim and the negligent driver have
the same policy limit or the victim's policy limits are less then the
negligent driver's, then the negligent driver is not considered "underinsured"
even if the negligent driver's policy limit is inadequate to compensate the
innocent victims.This amendment will
rectify these inequities.Nationwide Mut. Ins. Co. v. Williams, |
