Even if delay damages were to exceed an insurance policy limit, an insurance company can be required to pay them based on an actual jury verdict, the Superior Court has ruled.
The two-prong ruling in the post- Koken case of Marlette v. State Farm Mutual Insurance Co. leaves insured plaintiffs with the ability to collect more than their UM/UIM policy limits would normally allow — without filing a bad faith claim against their insurers.
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