Kimball v. Penn Mutual Ins. Co.

1 Citing case

  1. Broadway v. Allstate Prop. & Cas. Ins. Co.

    C.A. No N14C-07-052 PRW (Del. Super. Ct. Aug. 11, 2015)   Cited 9 times

    Id. at *4 n.25. But see Kimball v. Penn Mut. Ins. Co., 2007 WL 315339, at*2 (Del. Super. Ct. Jan. 31, 2007) ("Due to its subrogation right with regard to . . . potential [UM] payments, [the UM carrier] has standing to challenge the validity of [the tortfeasor's liability carrier's] denial of liability coverage and seek contribution for UM benefits it may be required to pay on behalf of the [insureds] as a result thereof.") Certain salient facts in Kimball differ, however. For instance, there the UM carrier unconditionally accepted its insured's UM claim.