No. 167, 2015.

131 A.3d 806 (2016)

Rebecca CLARK and James Smith, on behalf of themselves and all others similarly situated, Plaintiffs Below-Appellants, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant Below-Appellee.

Supreme Court of Delaware.

Decided: January 11, 2016.

Attorney(s) appearing for the Case

John S. Spadaro, Esquire (Argued), John Sheehan Spadaro, LLC, Smyrna, Delaware, for Appellants.

Colin M. Shalk, Esquire (Argued), Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, Delaware; Cari K. Dawson, Esquire , Kyle G.A. Wallace, Esquire , Alston & Bird LLP, Atlanta, Georgia, for Appellee.

Before STRINE, Chief Justice; HOLLAND and SEITZ, Justices.


Section 2118B(c) of Title 21 is the focus of this putative class action. The statute provides that an insurer "shall" process and either pay or deny a claim for motor vehicle insurance benefits within thirty days of the insurer's receipt of such a request.1 It also provides...

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