Padro v. Arzillo

In Padro v. Arzillo, 1989 WL 158488 (Del.Super.1989), the plaintiff served the Secretary of State pursuant to 3112(b), but failed to mail to the defendants a registered letter as required by 3112(b). The plaintiff in Padro argued, as do the Plaintiffs here, that the Defendants' awareness of the suit is sufficient to satisfy 3112(b). Id. The plaintiff in Padro argued that the defendants had notice of the action against them based on a letter from the defendants' insurance carrier to the plaintiff, wherein the carrier stated that it had received the summons and complaint. Id. The Superior Court held that, "mere informal notice of the filing of the suit is not an accepted alternative to compliance with a statutory procedure for acquiring personal jurisdiction." Id.