Ginsberg v. Harleysville Worcester Insurance Company, n/k/a Nationwide Property and Casualty Insurance Company

Summary

The Court held that the Delaware Insurance Code does not itself prohibit stacking uninsured/underinsured motorist coverage under multiple policies issued by the same insurer to members of one household; instead, it permits a policy to cap recovery at the highest applicable limit. Because the policies' stacking and limitation provisions conflicted, they were ambiguous and construed against the insurer, allowing excess coverage under the second policy. The Court also held that the releases barred only the claims released in the signatories' respective capacities and remanded for calculation of recoverable amounts.