Wilmington Pain & Rehabilitation Center, P.A., on behalf of itself and all others similarly situated v. USAA General Indemnity Insurance Company and Garrison Property and Casualty Insurance Company

Summary

The Delaware Supreme Court refused an interlocutory appeal from the Superior Court’s denial of class certification in a proposed action concerning USAA’s computerized review and alleged underpayment of personal injury protection claims. The Court agreed that the principles and criteria under Delaware Supreme Court Rule 42(b) did not favor interlocutory review.

Holdings

1. Interlocutory review was not warranted because the principles and criteria in Delaware Supreme Court Rule 42(b) did not favor review of the Superior Court's order denying class certification.

Questions Presented

1. Whether the Delaware Supreme Court should accept interlocutory review of the Superior Court's order denying class certification under Delaware Supreme Court Rule 42.

Disposition

writ_denied