Legal Opinion

State v. Donahue

Superior Court of Delaware

Decided October 28, 1983PublishedCited by 8 opinions

1Opinion of the Court

MARTIN, Judge.

This is an action for declaratory relief to determine whether 19 Del.C. § 23631 gives a workmen’s compensation employer-payor a right of subrogation against proceeds paid to an employee pursuant to uninsured motor vehicle coverage (18 Del.C. § 39022) *826which had been purchased by the employer. The statutory provision, 19 Del.C. § 2363(a), mandates that an employer-payor, or his workmen’s compensation insurance carrier, be reimbursed for any amounts paid under the Workmen’s Compensation Act (“Act”) to the extent that the legal liability of a third party and the concomitant payment…

2Cases cited13 opinions

  1. Hoefly v. Government Employees Ins. Co.Supreme Court of Louisiana · 1982
  2. Johnson v. Fireman's Fund Ins. Co.Supreme Court of Louisiana · 1983
  3. Frank C. Sparks Co. v. Huber Baking Co.Supreme Court of Delaware · 1953
  4. Montedoro v. City of Asbury ParkNew Jersey Superior Court Appellate Division · 1980
  5. State Farm Mutual Insurance Co. v. Fireman's Fund American Insurance Co.Kentucky Supreme Court · 1977

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3Cited by8 opinions

  1. Adams v. Delmarva Power & Light Co.Supreme Court of Delaware · 1990
  2. Harris v. New Castle CountySupreme Court of Delaware · 1986
  3. Van Den Heuval v. WallaceSupreme Court of Pennsylvania · 1989
  4. Simendinger v. National Union Fire InsuranceSupreme Court of Delaware · 2013
  5. State v. CalhounSupreme Court of Delaware · 1993

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