HOUSE BILL NO. 373
AS AMENDED BY HOUSE AMENDMENT NO. 1
AN ACT TO AMEND CHAPTER 39, TITLE 18 OF THE DELAWARE CODE PERTAINING TO UNDERINSURED MOTORIST COVERAGE.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE
Section 1. Amend §3902(b), Chapter 39, Title 18 of the Delaware Code by adding a new paragraph thereto to read as follows:
"(4) An insured who executes a release of a single tortfeasor owner or operator of an underinsured motor vehicle in exchange for payment of the entire limits of liability insurance afforded by the tortfeasor's liability insurer shall continue to be legally entitled to recover against that tortfeasor for the purposes of recovery against the insured's
underinsurance carrier. An insured who executes a release of one of multiple tortfeasors shall have his rights against that tortfeasor and his underinsurance carrier determined in accordance with the Uniform Contribution Among Joint Tortfeasors Act and paragraph (3) of this subsection."
Approved June 23, 1994.