Legal Opinion

Forbes Steel and Wire Co. v. Graham

Supreme Court of Delaware

Decided November 25, 1986PublishedCited by 5 opinions

1Opinion of the Court

WALSH, Justice:

This appeal involves the application of the “last injurious exposure” rule to claims for disability benefits by an employee disabled from two separate work-related accidents which occurred while he was employed by the same employer, who was covered by different insurance carriers at the time of the respective accidents. The Superior Court refused to allocate responsibility between the carriers on the ground that the last injurious exposure rule precluded such a result. We agree and affirm.

The material facts underlying the claims are not in dispute, but the case has a convoluted…

2Cases cited2 opinions

  1. Alloy Surfaces Company v. CicamoreSupreme Court of Delaware · 1966
  2. DiSabatino & Sons, Inc. v. FaccioloSupreme Court of Delaware · 1973

3Cited by5 opinions

  1. Standard Distributing Co. Ex Rel. Pennsylvania Manufacturer's Ass'n v. NallySupreme Court of Delaware · 1993
  2. Pennsylvania Manufacturer's Ass'n Insurance v. Home Insurance Co.Supreme Court of Delaware · 1990
  3. Bureau of Adult Corrections v. DernbergerSupreme Court of Delaware · 1987
  4. Greenville Country Club, (Guard Insurance) v. Greenville Country Club, (Technology Insurance)Supreme Court of Delaware · 2016
  5. Nanticoke Health Services, Inc. v. WashingtonSuperior Court of Delaware · 2016

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