Case Law Alerts
Boardable expenses may include the first $15,000 of UIM coverage if the uninsured vehicle that caused bodily injury is more akin to a fixture, as opposed to a mode of transportation.
Hall v. Russell, No. CV N17C-08-028 CEB, 2020 WL 5051444 (Del. Super. Ct. Aug. 26, 2020)
January 11, 2021
In an unpublished opinion, the Superior Court of Delaware considered the following factual scenario. The plaintiff, an auto mechanic, was performing work underneath a vehicle per the request of the defendant, a towing company. The work was being performed on a car which was unregistered and uninsured and owned by the defendant. While the plaintiff was working on the vehicle, it fell on him, causing bodily injuries to mostly his legs.
The mechanic owned his own vehicle, which was properly insured with uninsured motorist coverage. The statutory minimum in Delaware is $15,000 for PIP and UIM coverage.
The relevant determination made at the hearing was whether the plaintiff can board the $15,000 of UIM coverage. The defendant made a motion in limine seeking to preclude the plaintiff from introducing whatever damages he could have recovered under his UIM policy from the automobile he personally owned (despite the fact he did not make such request). The plaintiff essentially wanted the first $15,000 of medical bills precluded from being introduced to the jury given the “availability” of insurance coverage from his own personal insurance benefits.
The court determined that, while the loss involved another automobile that was uninsured (which would ordinarily invoke the UIM coverage), in the case at bar, the vehicle that was being worked on was not actively being used for transportation and was more along the lines of a “pile of metal” when it fell. Accordingly, the court found the plaintiff may board the first $15,000 of medical expenses and may present such expenses to the jury, denying the defendant’s motion in limine.
Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2021 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.
