Layton v. The Hartford Fire Insurance Co.
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SUPERIOR COURT OF THE STATE OF DELAWARE RICHARD F. STOKES JUDGE P.O. BOX 746 COURTHOU SE GEORGETO WN, DE 19947 April 7, 2003 H. Clay Davis III, Esquire Henry Clay Davis III P.A. 303 North Bedford Street P.O. Box 744 Georgetown, DE 19947 RE: Jeffrey M. Gentilotti, Esquire Bifferato, Bifferato & Gentilotti 1308 Delaware Avenue The Buckner Building P.O. Box 756 Wilmington, DE 19899-2165 Byard Layton v. The Hartford Fire Insurance Company C.A. No. 02C-05-003 Dear Counsel: This is my decision on Plaintiff s motion to amend the complaint. Plaintiff s motion to amend the complaint is denied. Plaintiff s original cause of action seeks uninsured motorist benefits for damages resulting from a car accident. Plaintiff seeks to amend his complaint to add a cause of action for a denial of PIP benefits. Pursuant to 21 Del. C. ยง 2118 (g)((4), [n]o insurer or self-insurer shall join or be joined in an action by an injured party against a tortfeasor for the recovery of damages by the injured party and/or the recovery of benefits paid by the insurer or self-insurer. The Hartford stands in the shoes of an uninsured tortfeasor. Williams v. Limpert, Del. Super., C.A. No. 97C-01-013, Terry J. (July 3, 1997) (ORDER). The Delaware Supreme Court has emphasized that there is a clear legislative intent to separate litigation surrounding the statutory rights to PIP benefits from any independent cause of action at common law against a tortfeasor for personal injury. Harper v. State Farm Mut. Auto. Ins. Co., 703 A.2d 136, 139 (Del. 1997). Accordingly, Plaintiff will not be permitted to amend his complaint to add a claim for the denial of PIP benefits, since he is statutorily precluded from joining these claims. IT IS SO ORDERED. Very truly yours, Richard F. Stokes cc: Prothonotary s Office
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