An insurance coverage claimant’s apparent failure to transmit medical records in a timely fashion—without a showing that it was impractical to—has resulted in the dismissal on summary judgment of his complaint that benefits were improperly withheld under Delaware’s personal injury protection statute, a New Castle County Superior Court judge has ruled.
In Davis v. State Farm Insurance, Superior Court Judge Charles E. Butler in an eight-page opinion granted summary judgment in favor of an insurance carrier, holding that a 90-day grace period did not apply to give the claimant extra time to submit medical records and lost-wage information.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
