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PROGRESSIVE NORTHERN INS. CO. v. MOHR

No. 243, 2011.

47 A.3d 492 (2012)

PROGRESSIVE NORTHERN INSURANCE COMPANY, Defendant Below, Appellant, v. William J. MOHR, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: June 21, 2012.

Attorney(s) appearing for the Case

Daniel P. Bennett, Esquire (argued), of Mintzer, Sarowitz, Zeris, Ledva & Meyers, LLP, Wilmington, Delaware; for Appellant.

Keith E. Donovan, Esquire (argued), of Morris James LLP, Dover, Delaware; for Appellee.

B. Wilson Redfearn and Nicholas M. Tyler, Esquires , of Tybout, Redfearn & Pell, Wilmington, Delaware; Amicus Curiae for Appellant.

Richard A. Zappa and Erika R. Caesar, Esquires , of Young Conaway Stargatt & Taylor, LLP, Wilmington, Delaware; Amicus Curiae for Appellee.

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

JACOBS, Justice (for the majority):

Delaware's automobile insurance statute requires regulated insurers to offer a minimum amount of insurance on automobiles that are registered in the State.1 On one subject, however, the statute is unclear: must an automobile insurer provide personal injury protection ("PIP") coverage to an insured where that person is struck in Delaware, as a pedestrian, by a car (the "striking car") that is insured...

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