Supreme Court of Delaware
State Farm Mutual Automobile
October 20, 2015
Summary
The Supreme Court of Delaware reversed the Superior Court and held that State Farm's policy validly limited excess personal injury protection coverage for pedestrians to the named insureds and their qualifying relatives. The statutory minimum coverage was unambiguous, and the policy was required to provide only that minimum to Kelty because the additional coverage was optional and contractually limited. The court also declined to consider Kelty's newly raised argument that he was an occupant rather than a pedestrian because it was not fairly presented below.