Supreme Court of Delaware
Kylie A. Shuba and Michael D., Shuba, Below-Appellants v. United Services Automobile Association, a Foreign…
October 3, 20132013 Del. LEXIS 504
Summary
The Court affirmed summary judgment for USAA, holding that the Shubas could not recover UIM benefits for their mother's wrongful death because she was neither an insured nor a resident of the policyholder's household. The Court declined to overrule its existing precedent requiring the decedent to be insured for a wrongful-death claimant to recover under a UIM policy. The Court concluded that the policy language and Delaware's UIM statute protect insured persons against bodily injury or death caused by an underinsured motorist.