Opinion
C.A. No. N09C-06-271 MMJ
12-09-2011
JUDI KENNEDY, Plaintiff, v. ENCOMPASS INDEMNITY CO., Defendant/Third-Party Plaintiff, v. GOVERNMENT EMPLOYEES INSURANCE CO., Third-Party Defendant.
ORDER
The Court has considered Defendant's Motion for Summary Judgment. The Delaware Supreme Court's decision in State Farm Mut. Auto. Ins. Co. v. Patterson, 7 A.3d 454 (Del. 2010), is controlling. This Court finds the facts and legal issues in the instant case to be indistinguishable from those in Patterson.
THEREFORE, Defendant Encompass Indemnity Company's Motion for Summary Judgment is hereby DENIED. To the extend Plaintiff Judi Kennedy can prove fault and damages, she is entitled to uninsured motorist benefits.
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The Honorable Mary M. Johnston
See Kent v. Nationwide Property & Cas. Ins. Co., 844 A.2d 1092, 1098 (Del. Super. 2004) (cited favorably in Patterson, and holding that "plaintiff's claim is uninsured because there is no insurance applicable to the claim she asserts for noneconomic loss; there is no other security applicable.").