Kent v. Nationwide Property & Casualty Insurance Co., 844 A.2d 1092 (Del. Super. 2004), Del Pesco, J.
A Delaware resident, who was injured in an automobile accident that occurred in New Jersey and involved a New Jersey resident, sought to recover from her automobile insurer for non-economic damages, under the uninsured motorist provisions of the policy. The Superior Court determined that injured Delawareans could seek recovery from their uninsured motorist policies when another state's insurance statute exempts resident drivers from liability for non-economic damages.
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