American Independent Insurance Company v. Gilmore

• Court: Superior Court of Delaware
• Decided: June 25, 2024
• Docket: N23A-11-003
• Status: Published

Opinion

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

AMERICAN INDEPENDENT ) INSURANCE COMPANY, ) ) Respondent/Appellant, ) ) ) v. ) C.A. No. N23A-11-003 CEB ) JAMES GILMORE, III, ) ) ) Claimant/Appellee, ) ) )

ORDER

This 25th day of June 2024, the Court enters the following Order:

1. This is a de novo appeal from an arbitration ruling of the Delaware State

Insurance Commissioner’s office. The arbitration award favored the claimant and

the insurance company filed the notice of appeal in this Court 33 days after the

issuance of the award.

2. After the notice of the appeal was received by the claimant, he filed an

“answer” to the appeal notice, stating his “confusion” over the fact that it was filed

33 days after the award. The time for filing such an appeal is 30 days after the date

of the award. He requested that the Court dismiss the appeal. The Court will

construe this “answer” as a motion to dismiss. 1 3. Time is computed according to Delaware Superior Court Rule of Civil

Procedure Rule 6. The date of the award – October 12, 2023, is not counted. 30 days

from October 13, 2023, was November 12, 2023, which was a Sunday. The notice

of appeal was filed on November 13, 2023, the first day the Prothonotary was open

following expiration of the 30-day period in which to file an appeal.

Under Superior Court Civil Rule 6, the appeal was filed timely.

IT IS SO ORDERED.

/s/ Charles E. Butler Charles E. Butler, Resident Judge