Jeffrey Furman, Plaintiff Below, Appellant v. Delaware Department of Transportation, Defendant Below, Appellee

Summary

The Supreme Court of Delaware held that the Superior Court erred by relying on an affidavit outside the pleadings while deciding a motion to dismiss under the Rule 12(b)(6) standard. The court was required to convert the motion to one for summary judgment, provide adequate notice, and allow a reasonable opportunity for discovery because insurance coverage was a disputed material fact. The judgment was reversed and remanded for reconsideration under the summary judgment standard.