Progressive Northern Insurance Company, Below v. William J. Mohr, Below

Summary

The Court held that Delaware's automobile insurance statute is ambiguous about whether an insured pedestrian struck in Delaware by a Delaware-insured vehicle may recover PIP benefits under the pedestrian's own policy. Resolving the ambiguity in light of the statutory purposes of fully compensating accident victims and encouraging coverage above the statutory minimum, the Court held that the statute mandates such coverage and affirmed the Superior Court's award of $85,000. Chief Justice Steele, dissenting, would have held that the statute unambiguously requires coverage only when the pedestrian is struck by a non-Delaware-insured vehicle.