BANASZAK v. PROGRESSIVE DIRECT INS. CO.

No. 536, 2009.

3 A.3d 1089 (2010)

Mark BANASZAK, Appellant, Plaintiff Below, v. PROGRESSIVE DIRECT INSURANCE COMPANY, Appellee, Defendant Below.

Supreme Court of Delaware.

Decided: August 31, 2010.

Corrected: September 3, 2010.


Attorney(s) appearing for the Case

Beverly L. Bove and Vincent J.X. Hedrick (argued), II , Law Office of Beverly Bove, Wilmington, Delaware, for appellant.

Michael C. Rosendorf , Stanton, Delaware. Pro hac vice: Angus R. Everton (argued), Morgan Carlo Downs & Everton PA, Hunt Valley, Maryland, for appellee.

Before STEELE, Chief Justice, BERGER and RIDGELY, Justices.


STEELE, Chief Justice:

In this appeal, Mark Banaszak seeks reversal of a trial judge's decision to grant in part and deny in part his motion for summary judgment. Banaszak contends that Progressive failed to offer him underinsured motorist coverage pursuant to 18 Del. C. § 3902(b) and seeks to reform his insurance policy up to the $100,000 limit of his "liability" or bodily injury coverage (BI). He contends that...

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