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State Courts -
Delaware - August 29, 2008
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Brown v. Hudson, C.A. No. 04C-11-142 (JTV),
SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 29, 2008, Decided
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Overview: Jury's decision to award no damages in personal injury case was not against the evidence because, inter alia, there were no objective findings of injury, medical experts based their opinions largely on plaintiff's subjective complaints, and evidence called into question plaintiff's credibility, including his failure to reveal prior injuries.
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Hodges v. Hartford Underwriters Ins. Co., C.A. No. 07C-06-014 (JTV),
SUPERIOR COURT OF DELAWARE, KENT, August 29, 2008, Decided
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Overview: An insurer's material change packet, including an offer form, constituted a sufficient offer of UM/UIM coverage to satisfy Del. Code Ann. tit. 18, ¿ 3902(b), when a policy change occurred, i.e., a new car was added; the evidence established that the packet was mailed; and the insureds' denial of receipt did not overcome the presumption of mailing.
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