Supreme Court of Delaware
Rolando Rafael Castillo, Plaintiff Below, Appellant v. Clearwater Insurance Company, a Delaware Corporation…
November 22, 20102010 Del. LEXIS 584
Summary
The court reversed the Superior Court's judgment for Clearwater, holding that Delaware law required the policy to provide UIM coverage because Castillo had not rejected that coverage in writing. The policy's exclusion for transporting property for commercial benefit was not specifically authorized by statute and therefore could not eliminate the mandatory coverage. The court also rejected Clearwater's characterization of the policy as a limited commercial policy outside the statutory mandate.