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Harper v. State Farm Mut. Auto. Ins. Co.11/26/1997
Upon appeal from the Superior Court. REVERSED.
The plaintiff-appellant, Dolores Harper ("Harper"), filed a complaint on July 29, 1996 in the Superior Court seeking personal injury protection ("PIP") benefits under her automobile insurance policy. That insurance coverage had been issued to her by the defendant-appellee, State Farm Mutual Automobile Insurance Company ("State Farm"). The automobile accident that caused Harper's injuries occurred on October 17, 1992.
The Superior Court granted State Farm's motion to dismiss Harper's complaint. The Superior Court held that Harper's cause of action for PIP benefits was time-barred by the two-year statute of limitations in 10 Del. C. section 8119. The Superior Court relied upon Nationwide Insurance Company v. Rothermel, Del. Supr., 385 A.2d 691 (1978).
In this appeal, Harper argues the holding in Rothermel has been either overruled or superseded by subsequent amendments to the PIP provisions in Delaware's No-Fault Insurance Statute. 21 Del. C. section 2118 ("Section 2118"). As a result of those statutory amendments, Harper contends that lawsuits for PIP benefits are now causes of action "based on a statute" and, therefore, subject to the three-year statute of limitations found in 10 Del. C. section 8106. Harper further contends that her statutory cause of action for PIP benefits did not accrue until State Farm declined to pay her claim. Consequently, Harper contends that the complaint she filed in the Superior Court was timely.
This Court has concluded that Harper's arguments are correct. The judgment of the Superior Court is reversed. This matter must be remanded for further proceedings in accordance with this opinion.
Facts
On October 17, 1992, while operating her own automobile, Harper was in a motor vehicle accident in Kent County, Delaware. At the time of the accident, State Farm insured her automobile and provided PIP coverage in accordance with Section 2118. Shortly after the accident, Harper began submitting bills to State Farm for PIP payments. For approximately two years, State Farm paid PIP benefits for the medical expenses submitted by or on behalf of Harper, with one exception.
State Farm refused to make payment for medical treatment received by Harper on September 20, 1994 and September 26, 1994. Harper submitted bills for the treatment to State Farm on or about October 6, 1994. On May 17, 1995, State Farm informed Harper that it had determined her September 1994 medical expenses were not covered by the PIP provisions in Harper's automobile insurance policy. Harper filed her complaint for PIP benefits against State Farm in the Superior Court on July 29, 1996.
Rothermel Decision Original No-Fault Statute
Delaware's No-Fault Automobile Insurance Statute has never included its own statute of limitations. Lawsuits based upon statutory causes of action are subject to the three-year statute of limitations in 10 Del. C. section 8106. Lawsuits based upon common law principles of negligence are subject to the two-year statute of limitations in 10 Del. C. section 8119.
This Court first addressed what statute of limitations applied to causes of action for PIP benefits in the context of construing the original enactment of Delaware's No-Fault Automobile Insurance Statute. Nationwide Ins. Co. v. Rothermel, Del. Supr., 385 A.2d 691 (1978). The plaintiff in Rothermel was injured in an automobile accident on March 22, 1972, and filed a lawsuit for PIP benefits on March 5, 1975. Id. at 693. The Superior Court held that plaintiff's cause of action arose under Section 2118 and was, therefore, governed by the three-year limitation period f
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