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DEPTULA v. HORACE MANN INS. CO.

No. 362,2002.

842 A.2d 1235 (2004)

Thomas E. DEPTULA, Plaintiff Below, Appellant, v. HORACE MANN INSURANCE COMPANY, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: February 13, 2004.

Attorney(s) appearing for the Case

Joseph J. Rhoades, Esquire (argued), and W. Christopher Componovo, Esquire, of the Law Offices of Joseph J. Rhoades, Wilmington, Delaware, for Appellant.

Richard W. Pell, Esquire (argued) and Gregory R. Babowal, Esquire, of Tybout, Redfearn and Pell, Wilmington, Delaware, for Appellee.

Gary S. Nitsche, Esquire (argued), of Weik, Nitsche & Dougherty, Wilmington, Delaware, for Amicus Curiae, Delaware Trial Lawyers Association.

Before VEASEY, Chief Justice, HOLLAND, BERGER, STEELE and JACOBS, Justices, constituting the Court en Banc.

BERGER, Justice.

In this appeal, we consider whether a claimant may recover under two underinsured motorist policies if one of those policies establishes that the tortfeasor's automobile is an "underinsured motor vehicle," as defined by statute. To qualify as an underinsured motor vehicle, the limits of bodily injury coverage available to the tortfeasor must be less than the limits provided by the claimant's underinsured motorist (UIM) coverage. In Colonial

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