Delaware Code
10 Del. C. § 3902 (2026)
Assignee suing in own name
✓ current as of May 2026
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A person to whom a contract, express or implied, has been transferred or assigned, either in accordance with a statute or with the common law, may sue thereon in his or her own name.
Code 1915, § 4210A; 30 Del. Laws, c. 228; Code 1935, § 4684; 10 Del. C. 1953, § 3902; 70 Del. Laws, c. 186, § 1;Notes of Decisions
Cited in 3
cases, 1971–2019 · leading case: Hall v. State, 655 A.2d 827 (Del. Super. Ct. 1994).
Hall v. State, 655 A.2d 827 (Del. Super. Ct. 1994). “§ 2702 (assignees of bonds, specialties and notes may enforce in their own name); 10 Del.C. § 3902 (assignees of contracts may enforce in their own name).”
Katz v. Exclusive Auto Leasing, Inc., 282 A.2d 866 (Del. Super. Ct. 1971). “Under 10 Del.C. § 3902, the General Assembly altered common law pleadings to allow an assignee of a contract to sue upon *868 it in his own name.”
Martin v. Nat'l Gen. Assurance Co. (Del. 2019). “He also alleged that he was entitled to exemplary damages based on National General’s bad faith denial of UIM benefits based on an out-of-date version of 10 Del. C. § 3902(b)(2), failure to investigate the cause of the accident, and failure to pay the policy limit.”
10 Del. C. § 3902(b)(2): 1 case
Martin v. Nat'l Gen. Assurance Co. (Del. 2019). “He also alleged that he was entitled to exemplary damages based on National General’s bad faith denial of UIM benefits based on an out-of-date version of 10 Del. C. § 3902(b)(2), failure to investigate the cause of the accident, and failure to pay the policy limit.”
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