Baio v. Commercial Union Insurance

(for the majority):

The issue in this case concerns the right of an insurance company to recover from an injured workman, on a statutory subrogation basis, the amount of compensation it had paid to him. The Superior Court entered judgment for the insurance company and the workman appeals. We reverse.

I

The critical facts are undisputed: Dominick Baio (defendant) was injured in an accident arising out of and in the course of his employment, for which he was entitled to receive Workmen’s Compensation. 19 Del.C. § 2304. Baio was paid compensation by Commercial Union Insurance Co. (plaintiff), the…