Donald R. Johnson, Plaintiff Below, Appellant v. State Farm Mutual Automobile Insurance Company, Defendant Below…

Summary

The Supreme Court of Delaware affirmed summary judgment for State Farm, holding that a pedestrian struck by an insured vehicle did not qualify as an insured occupant entitled to underinsured motorist coverage under the vehicle owner's policy. Physical contact with the vehicle at the moment of impact did not satisfy the policy's occupancy requirement because Delaware's UIM coverage is personal to the insured and is not extended to pedestrians injured by the insured driver's negligence.