DE HB255

Amends Section 3902(b)(2) of Delaware Code Title 18 regarding uninsured motorist insurance coverage.

Changes the standard for determining when a driver is "underinsured" from comparing policy limits to the uninsured motorist coverage limits to comparing policy limits against actual damages sustained by the insured.

Allows innocent victims of motor vehicle collisions to access their own underinsured motorist insurance benefits when the negligent driver's policy limits are less than the victim's actual damages, regardless of policy limit comparisons.

Addresses Delaware court rulings that previously prevented victims from recovering underinsured motorist benefits when their policy limits equaled or exceeded the negligent driver's policy limits, even if both were inadequate to cover damages.