[Download] "Travelers Indemnity Company v. Ben E. Lake" by Supreme Court of Delaware # eBook PDF Kindle ePub Free
eBook details
- Title: Travelers Indemnity Company v. Ben E. Lake
- Author : Supreme Court of Delaware
- Release Date : January 02, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
In this case we re-examine the lex loci delicti rule of Friday v. Smoot, Del. Supr., 58 Del. 488, 211 A.2d 594 (1965). The
appellee, Ben E. Lake, sued his uninsured motorist carrier, The Travelers Indemnity Company ("Travelers"), in the Delaware
Superior Court as the result of an accident in Quebec, Canada, between Lake and an unidentified motorist. Quebec law establishes
a legal limit on tort recoveries, which is considerably below the limits of Lake's coverage from Travelers. The insurance
policy obligates Travelers to pay damages to Lake which he is "legally entitled to recover" from an uninsured motorist. The
Superior Court ruled that Lake's suit was a contract action, and applied Delaware law. We affirm on different grounds. Thus,
the limits of Lake's insurance policy, not the tort limits of Quebec, apply. We overrule Friday v. Smoot and adopt the prevailing
"most significant relationship" test of the RESTATEMENT (SECOND) OF CONFLICTS § 145(1). I.
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