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
M. Davis Eric M. Davis, Judge.
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.
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.
Reid and Dennis Haley are engaged to be married. Ms. Reid and
Mr. Haley reside together at 40 Huntley Circle, Dover,
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.
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.
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.
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
a. OPERATED ON RAILS OR TRACKS; OR
b. OWNED BY OR FURNISHED FOR THE REGULAR USE OF YOU OR ANY
MEMBER OF YOUR HOUSEHOLD.
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 ...