Joseph Rapposelli, Plaintiff Below, Appellant v. State Farm Mutual Automobile Insurance Company, Defendant Below…

Summary

The court held that an insured's claim for prejudgment interest on an underinsured-motorist judgment qualifies as a claim arising from a tort action under 6 Del. C. § 2301(d), even though the insured's right to recover against the insurer arises from contract. Because the parties disputed only the accident-related damages, and the insured made a written settlement demand that remained open for 30 days and was lower than the eventual judgment, the trial court erred in denying prejudgment interest. The court reversed and remanded for prejudgment interest on the $85,000 award.