· 5/1/1984
State Farm Mutual Automobile Insurance v. Arms
Citations
- 477 A.2d 1060
- 1984 Del. LEXIS 328
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating, “the plain language of section 3902(b) imposes a duty to offer additional uninsured motorist coverage-”
- explaining insurance contracts are contracts of adhesion because they are complex, employ obscure terminology, and are presented on a take-it- or-leave-it basis
- noting “insurance agreements are classic examples of contracts of adhesion” because it is “difficult for the typical consumer to understand [the policy] fully”
- applying material change standard based on Delaware statute that provided UM coverage was not required on any policy where coverage is rejected in writing, or upon any “renewal” of such policy
- applying a materiality standard and holding that the addition of a newly purchased vehicle to a policy, coupled with a change in coverage limits, was a material change that made the policy a \new policy\ within the meaning of the UM statute
- “[It is when insureds make material changes] that information regarding additional uninsured vehicle protection [is] crucial to [the insured’s] decision regarding coverage.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Herrmann, McNeilly, Horsey, Moore, Christie
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.