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Case Notes

By ljnstaff | Law Journal Newsletters |
February 25, 2015

PIP Grace Period Doesn't Automatically Save Late Claim

An insurance coverage claimant's apparent failure to transmit medical records in a timely fashion ' without a showing that it was impractical to do so ' 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.

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