Question
Mrs. B was seriously injured in a car wreck while she was a passenger in the car her husband was driving. Mr. and Mrs. B.
Mrs. B was seriously injured in a car wreck while she was a passenger in the car her husband was driving. Mr. and Mrs. B. had an automobile insurance policy with $3 million in coverage for personal injury liability. Mrs. B sued Mr. B for the tort of negligence, alleging that he was the cause of the car wreck and her injuries. The tort claim sought the full $3 million in liability insurance coverage. Prior to that time, Delaware common law had a concept known as inter-spousal immunity that barred spouses for suing each other for torts. The trial and appellate courts dismissed Mrs. B v. Mr. B based on this legal concept. Nevertheless, the Delaware Supreme Court allowed Mrs. Bs case to proceed, reversing prior decisions that had created and applied inter-spousal immunity. Could the court do that? Explain. Who might disagree with this change in the law and what could they do about it?
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