KELTY v. STATE FARM MUT. AUTO. INS. CO.

No. 121, 2012.

73 A.3d 926 (2013)

Matthew KELTY, Plaintiff Below, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: July 26, 2013.


Attorney(s) appearing for the Case

Gary S. Nitsche , Weik, Nitsche & Dougherty, Wilmington, Delaware for appellant.

Danielle K. Yearick (argued) and Nicholas M. Tyler , Tybout, Redfearn & Pell, Wilmington, Delaware for appellee.

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


STEELE, Chief Justice:

This case addresses the scope of insurance coverage under Delaware's personal injury protection (PIP) statute.1 A plaintiff who was injured in an accident sought PIP benefits from an insurance carrier. To determine whether the plaintiff was entitled to PIP benefits, a Superior Court judge applied Delaware's current three-part test and analyzed: (1) "whether the vehicle was...

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