Legal news and updates from the attorneys of Casarino in 2013
Stephen P. Casarino and Rachel D. Allen obtained a favorable decision from the Delaware Supreme Court that Plaintiffs were not entitled to underinsured motorist benefits under their step-mother’s insurance policy for wrongful death of their mother because their mother was not a named insured under the policy nor was she h resident of the insured’s household. Further it was never contemplated by any party that the mother would be covered by the policy. Shuba v. United Services Automobile Association, 77 A.3d 945 (Del. 2013) (October 2013)
Colin M. Shalk successfully argued before the Delaware Supreme Court that the settled of an uninsured motorist claim was in good faith and therefore a breach of contract claim could not be maintained. Price v. State Farm Mut. Auto. Ins. Co., 2013 WL 1213292, aff’d 77 A.3d 272 (Del. 2013). (September 2013).
The Supreme Court affirmed summary judgement on behalf of Stephen Casarino’s client and found that a landlord was not liable for a customer’s injuries after she tripped on a mannequin placed by the tenant, as the landlord did not exercise sufficient control over the area where the incident occurred. Heaps v. Church St. Assocs., 2013 WL 7760048, aff’d, 65 A.3d 616 (Del. 2013) (April 2013).