Supreme Court of Delaware
Mario De Los Santos v. Allstate Property and Casualty Insurance Company
July 25, 2025
Summary
The Court affirmed summary judgment for State Farm because the governing statute requires proof of replacement insurance before an insurer issues a cash refund, not before it cancels a policy. The Court reversed summary judgment for Allstate because the record supported a genuine factual dispute over whether Allstate or its agent caused the initial premium payment to fail, potentially preventing Allstate from relying on nonpayment to deny coverage. The case was remanded for further proceedings against Allstate.