Parisi v. State Farm Mut. Auto. Ins. Co., 2012 WL 2161597 (Del. Super.). Affirmed 2012 WL 3007831.
In this case, the Superior Court considered the validity of an insurance policy provision requiring that any claim for underinsured vehicle coverage be brought within two years of the date of the accident. The Court held the provision was unenforceable. In so holding, the Court followed the Delaware Supreme Court decision in Allstate v. Spinelli, 443 A.2d 1286 (Del. 1982), which held that a cause of action for uninsured/underinsured motorist benefits does not accrue, and the three year limitation for contract claims found under 10 Del. C. § 8106 does not begin to run, until the insurance company denies the claim and notifies the insured of the denial.