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Reid v. State Farm Mutual Automobile Insurance Co.

Superior Court of Delaware

June 18, 2019

THERESA REID Plaintiff,
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, and GEICO GENERAL INSURANCE COMPANY, Defendants.

         MEMORANDUM ORDER DENYING DEFENDANT STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY'S MOTION FOR SUMMARY JUDGMENT PURSUANT TO SUPERIOR COURT CIVIL RULE 56(C) OR MOTION FOR DECLARATORY JUDGMENT PURSUANT TO SUPERIOR COURT CIVIL RULE 57 AND 10 DEL. C. § 6502

          Eric M. Davis Eric M. Davis, Judge.

         Upon consideration of the Defendant State Farm Mutual Automobile Insurance Company's Motion for Summary Judgment Pursuant to Superior Court Civil Rule 56(c) or Motion for Declaratory Judgment Pursuant to Superior Court Civil Rule 57 and 10 Del. C. § 6502 (the "Motion") filed by Defendant State Farm Mutual Automobile Insurance Company ("State Farm"); the Plaintiff Theresa Reid's Response Defendant State Farm Mutual Automobile Insurance Company's Motion for Summary Judgment ("Reid's Response") filed by Plaintiff Theresa Reid; Defendant GEICO General Insurance Company's Response to State Farm Mutual Automobile Insurance Company's Motion for Summary Judgment ("GEICO's Response") filed by GEICO General Insurance Company ("GEICO"); the entire record of this civil proceeding, the Court has determined that no hearing is necessary on the Motion, Reid's Response and GEICO's Response.

         The Court finds that genuine issues of material fact exist and that State Farm is not entitled to judgment as a matter of law. Accordingly, the Motion is DENIED.

         I. RELEVANT FACTS

         Ms. Reid and Dennis Haley are engaged to be married. Ms. Reid and Mr. Haley reside together at 40 Huntley Circle, Dover, Delaware.

         Ms. Reid owned a 1999 Ford Taurus. Ms. Reid used GEICO as her insurance company. Mr. Haley owned a 2013 Jeep Grand Cherokee. Mr. Haley used State Farm as his insurance company.

         On November 20, 2014, Mr. Haley was test-driving a car he did not own. Ms. Reid was in the car with Mr. Haley. Mr. Haley got into an accident. In that accident, Ms. Reid was injured.

         Ms. Reid made Personal Injury Protection ("PIP") claims against both GEICO and State Farm. State Farm and GEICO have denied coverage. As such, Ms. Reid filed this civil action.

         The relevant State Farm policy (the "Policy") qualifies an Insured as:

1. any person while occupying or injured in an accident as a pedestrian by your car or a newly acquired car, if registered in Delaware; and
2. you or any member of your household while occupying or injured in an accident as a pedestrian by any other land motor vehicle designed for use on public highways which IS NOT:
a. OPERATED ON RAILS OR TRACKS; OR
b. OWNED BY OR FURNISHED FOR THE REGULAR USE OF YOU OR ANY MEMBER OF YOUR HOUSEHOLD.

         The Policy further defines "Member of your household" as "(1) members of your immediate family who have no separate household; and (2) persons who reside with and are economically dependent upon you." The Policy ...


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