Matthew Kelty, Below v. State Farm Mutual Automobile Insurance Company, Below

Summary

The court held that Delaware's PIP statute does not require an injured person to show that the insured vehicle was used for transportation purposes. The court retained the requirements that the vehicle be an active accessory in causing the injury and that no independent act break the causal connection, and concluded that the truck satisfied both requirements here. It therefore reversed summary judgment for the insurer and remanded for further proceedings.