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CLARK v. STATE FARM MUT. AUTO. INS. CO.

No. 167, 2015.

131 A.3d 806 (2016)

Rebecca CLARK and James Smith, on behalf of themselves and all others similarly situated, Plaintiffs Below-Appellants, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant Below-Appellee.

Supreme Court of Delaware.

Decided: January 11, 2016.

Attorney(s) appearing for the Case

John S. Spadaro, Esquire (Argued), John Sheehan Spadaro, LLC, Smyrna, Delaware, for Appellants.

Colin M. Shalk, Esquire (Argued), Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, Delaware; Cari K. Dawson, Esquire , Kyle G.A. Wallace, Esquire , Alston & Bird LLP, Atlanta, Georgia, for Appellee.

Before STRINE, Chief Justice; HOLLAND and SEITZ, Justices.

I. INTRODUCTION

Section 2118B(c) of Title 21 is the focus of this putative class action. The statute provides that an insurer "shall" process and either pay or deny a claim for motor vehicle insurance benefits within thirty days of the insurer's receipt of such a request.1 It also provides...

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