Martin v. National General Assurance Co.

Summary

The Supreme Court of Delaware affirmed dismissal of James Martin's claims for PIP and UIM benefits and related bad-faith damages. The court held that the policy unambiguously barred recovery of duplicative PIP benefits and that Martin had not alleged exhaustion of the driver's available bodily-injury coverage, a statutory prerequisite to UIM benefits. The court also declined to consider an argument raised for the first time on appeal.