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RAPPOSELLI v. STATE FARM MUT. AUTO. INS.

No. 226, 2009.

988 A.2d 425 (2010)

Joseph RAPPOSELLI, Plaintiff Below, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: January 19, 2010.

As Corrected February 5, 2010.

Attorney(s) appearing for the Case

Richard A. Zappa, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE, for appellant.

Susan List Hauske and Sherry Fallon (argued), Tybout Redfearn & Pell, Wilmington, DE, for appellee.

Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS, and RIDGELY, Justices, constituting the court en banc.

STEELE, Chief Justice:

An underinsured driver struck Joseph Rapposelli's vehicle with her vehicle. Rapposelli's insurer, State Farm, rejected his offer to settle his claim for damages in excess of the bodily injury coverage provided by the admitted tortfeasor under Rapposelli's underinsured motorist coverage. In the following tort action, a jury awarded compensatory damages in excess of the tortfeasor's bodily injury coverage, but the trial judge denied Rapposelli...

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