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IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY SHONDA JOHNSON and STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY as subrogee of Shonda Johnson, Plaintiffs, v. JAMES MICHAEL ROONEY, And DAVID A. DELLORSE ANGELA DELLORSE and PROGRESSIVE INSURANCE COMPANY, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

C.A. No: 05C-04-087-CLS

Date Submitted: April 16, 2012 Date Decided: July 10, 2012 On Defendants' Motion for Summary Judgment. DENIED. ORDER Amanda L.H. Brinton, Law Offices of Amanda Brinton, 521 N. West Street, Wilmington, DE 19801. Attorney for Plaintiffs. Richard D. Abrams, Esq., Mintzer, Sarowitz, Zeris, Ledva & Meyers, LLP, 1220 North Market Street, Suite 300, Wilmington, Delaware 19801. Attorney for Defendant.

J. Scott

Introduction Before the Court is Defendant, Progressive Insurance Company's ("Defendant"), Motion for Summary Judgment pursuant to Superior Court Civil Rule 56. This Court has previously held that a genuine issue of material fact exists as to whether Defendant properly denied coverage prior to the resulting accident. 1 Issues of material fact still exist in this case. Summary Judgment is DENIED. Facts This case arises out of a car accident that occurred on May 10, 2002. Shonda Johnson and her insurance carrier, State Farm Mutual Automobile Insurance Company ("Plaintiffs"), filed this subrogation action on April 8, 2005, against David Dellorse and James Michael Rooney seeking recovery of insurance benefits paid to or on behalf of Plaintiff Johnson as well as her deductible. Plaintiffs added Angela F. Dellorse and Progressive Insurance Company ("Progressive") as Defendants. Plaintiffs allege that the vehicle owned by David and Angela Dellorse was covered by liability insurance provided by Progressive. Progressive issued an insurance policy to Angela and David Dellorse ("the insureds") from the period of April 11, 2002, until October 11, 2002. On April 11, 2002, the insureds paid the $200.00 premium due to Progressive for their insurance Thus, Defendant's Motion for

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Johnson v. Rooney, C.A. No. 05C-04-087 CLS, at * 5 (Del. Super. Mar. 30, 2007). 2

policy. Due to a miscalculation on behalf of Progressive that was discovered on April 22, 2002, an additional $20.12 was owned pursuant to the insurance policy. Subsequently on April 26, 2002, Progressive mailed a notice of cancellation and a notice of underpayment 2 to the insureds. Both notices indicated that to maintain continuous coverage, the additional $20.12 was due by May 7, 2012. In an order dated March 30, 2007, this Court previously held that a genuine issue of fact existed as to whether Progressive provided insurance coverage at the time of the accident. 3 Parties' Contentions Defendant argues that the automobile insurance policy was properly canceled on May 7, 2002 after a ten-day notice was mailed pursuant to 18 Del. C.

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