| This Week's Digests |
DELAWARE SUPREME COURT
CIVIL PRACTICE
Rapposelli v. State Farm Mutual Automobile Ins. Co.
Interest • Pre-judgment Interest • Underinsured Motorist Claim • Contract/Tort Action
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Plaintiff was entitled to pre-judgment interest from defendant-insurer since plaintiff's claim for underinsured motorist coverage could be considered a "tort action" under 6 Del. C. §2301(d). Reversed and remanded.
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DELAWARE COURT OF CHANCERY
BUSINESS LAW
In re Sunbelt Beverage Corp. Shareholder Litig.
Mergers and Acquisitions • Cash-out of Minority Shareholder • Appraisal • Valuation of Shares
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In this dispute over the value of shares held by a minority shareholder cashed out as the result of a merger, the Court of Chancery used the experts' discounted cash flow methodology to arrive at the fair value of the shares at the time of the 1997 merger. Opinion issued.
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DELAWARE COURT OF CHANCERY
REAL PROPERTY
Service Corp. of Westover Hills v. Guzzetta
Covenants • Restrictive Covenant • 'Change' Approval • Structure Demolition
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Defendant-homeowners did not have seek approval from plaintiff-homeowner's association for their plan to demolish a residence because the restrictive covenant at issue only applied to changes to existing structures, not the complete demolition of a structure. Judgment for defendants.
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DELAWARE SUPERIOR COURT
APPEALS
Boyle v. Christina School District Bd. of Education
Interlocutory Appeal • Certification • Supreme Court Rule 42
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Applicant was not entitled to obtain certification of an interlocutory appeal where the application did not meet the exacting requirements set forth in Supreme Court Rule 42. Application for certification of interlocutory appeal denied.
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DELAWARE SUPERIOR COURT
INSURANCE LAW
Fernandez v. Government Employees Insurance Companies
Coverage • PIP Benefits • Deductible Election
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Defendant-insurer was not entitled to summary judgment in this dispute over the application of plaintiff's 2005 election of a $10,000 deductible for PIP benefits to renewals in subsequent years where plaintiff's intent was in dispute. Motion for summary judgment denied.
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INDUSTRIAL ACCIDENT BOARD
WORKERS' COMPENSATION
Dennis v. NRG
Disfigurement • Scarring • Thumb
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Where claimant's scar on his left thumb was not severely disfiguring and where claimant showed no substantial social or psychological impact from the scar, claimant was entitled to four weeks of benefits for disfigurement. Petition to determine disfigurement granted.
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INDUSTRIAL ACCIDENT BOARD
WORKERS' COMPENSATION
Brown v. Big Kahuna of Wilmington
Medical Expenses • Compensability • Expert Medical Testimony
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Accepting the testimony of claimant's expert and treating physician that the complexity of claimant's condition required multiple methods of treatment, the Industrial Accident Board held that claimant was entitled to payment of certain unpaid medical expenses. Petition to determine additional compensation due granted.
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INDUSTRIAL ACCIDENT BOARD
WORKERS' COMPENSATION
Howell v. Custom Decorative Molding
Medical Expenses • Payment • On-going Pain Management Treatment
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Where claimant's medical expert opined that claimant's treatment for low back pain was reasonable, necessary and causally related to the work accident and that claimant would need on-going pain management treatment to lead a functional life, the Industrial Accident Board concluded that claimant was entitled to the medical expenses that she sought. Petitions to determine additional compensation due granted.
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