Id. (citing 21 Del. C. § 2118(j)(5) ).Id. at *3 (citing 21st Century Assurance Co. v. Liberty Mut. Ins. Co., 2015 WL 1405925 (Del. Super. Mar. 23, 2015) ; New Hampshire Ins. Co. v. State Farm Ins. Co. (New Hampshire I ), 643 A.2d 328 (Del. Super. 1993) ).Id.
Ch. June 23, 1999) ("[A]rbitration practice is designed as an alternative dispute resolution mechanism and is intended to expedite, streamline, and efficiently resolve disputes in a manner which saves prospective litigants time and expense.").See N.H. Ins. Co. v. State Farm Ins. Co., 643 A.2d 328, 330-31 (Del. Super. Aug. 13, 1993) (corrected Apr. 22, 1994). 10 Del. C. §§ 5701- 5715.
(emphasis added).See also State Farm Mut. Auto. Ins. Co. v. UPS, 2012 WL 1495338, at *1 (Del. Super., Apr. 30, 2012) (citing the definition of self-insured in the Arbitration Forum Rules and recognizing that the proper venue for the dispute was arbitration by the Insurance Commissioner, not AFI); New Hampshire Ins. Co. v. State Farm Ins. Co., 643 A.2d 328, 329 (Del. Super. 1994) (observing that the second clause of Section 2118(g)(3) requires a dispute between an insurer and a self-insurer, to be conducted by the Insurance Commissioner rather than the industry forum (AFI)). AFI is the successor to the Wilmington Auto Accident Reparation Arbitration Committee. Williams v. AAA Mid-Atlantic Ins. Grp., 2011 WL 5299239 (Del. Super., Mar. 14, 2011).
Super. Mar. 23, 2015). 643 A.2d 328, 329 (Del. Super. 1993). In 21st Century Assurance Co., Liberty Mutual Insurance Co. ("Liberty Mutual") filed a motion for summary judgment in a subrogation action commenced by 21st Century Assurance Co. ("21st Century").
"Arbitration discourages litigation, permits parties to resolve their disputes in a specialized forum more likely to be conversant with the needs of the parties and the customs and usages of a specific industry than a court of general legal or equitable jurisdiction, and provides for speedy resolution of disputes in order that work may be completed without delay." New Hampshire Insurance Company v. State Farm Insurance Company 643 A.2d 328, 330- 31 (Del.Super. 1993) (citation omitted). Without specific guidance from the Delaware courts, we will adopt the interpretation of undue means articulated in Seither to promote consistency in the application of that term.
The court also held that the right to jury trial was not violated. New Hampshire Ins. Co. v. State Farm Ins. Co., 643 A.2d 328 (Del. 1993) took a different approach in validating their arbitration statutes. There, the insurer urged that arbitration denied access to courts.
D.I. 20-22. 643 A.2d 328 (Del. Super. 1993). Id. at 329.
Devaney v. Nationwide Mutual Ins. Co., 679 A.2d 71, 74 (Del. 1996). 643 A.2d 328 (Del. Super. 1993). Id. at 331.
The instant case should be treated the same (in so far as a pedestrian's eligibility for PIP benefits is concerned) as if the rental car were insured by a traditional insurance company, which has set rates and has an expectation to be held to the financial responsibility requirements of the state in which the vehicle it insured was registered. See New Hampshire Insurance Company v. State Farm Insurance Company, 643 A.2d 328, 331 (Del.Super. 1993) (holding that 21 Del. C. § 2904(b) "imposes on self-insured motor vehicle owners the same obligations as imposed on insurers toward insured").CONCLUSION
Del. C. Ann. tit. 10 Del. C. § 5718 (1999) (stating that upon the granting of an order "confirming, modifying, or correcting an award for money damages, a duly certified copy of the award and of the order . . . shall be filed with the Prothonotary of the Superior Court . . ."). New Hampshire Ins. Co. v. State Farm Ins. Co., 643 A.2d 328 (Del.Super.Ct. 1994) Id. at 331.