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Irene Sivakoff v. Nationwide Mut. Ins. Co. 2011 WL 1877610 (Del. Supr.)

Irene Sivakoff appealed the Superior Court's grant of Nationwide's motion to dismiss. The appeal arose from a motor vehicle accident caused by Jessica F. Talley, from which Sivakoff alleged serious injury. The vehicle being operated by Talley at the time of the accident was insured by Traveler's Indemnity Company of America (Travelers). Travelers offered the full liability limits of its policy, $15,000, to settle Sivakoff's claims. Sivakoff executed a "Release in Full" in settlement of her claims against Talley in exchange for the $15,000 Travelers policy limits. Sivakoff thereafter discovered that Talley was also insured under a policy of insurance issued to her mother, because Talley resided at her mother's home. Sivakoff filed a complaint against Talley, which was dismissed based upon Sivakoff's execution of the release. Sivakoff also proceeded against her own insurance company, Nationwide, for underinsured motorist coverage. The Delaware Supreme Court affirmed the grant of Nationwide's motion to dismiss, holding that Sivakoff was not entitled to seek UIM coverage because she had failed to "exhaust all bodily injury bonds and insurance policies available" to her, as required by 18 Del. C. § 3902(b)(3).

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