Legal Opinion
Waters v. United States
Supreme Court of Delaware
Decided December 12, 2001No. 69, 2001PublishedCited by 7 opinions
1Opinion of the Court
WALSH, Justice.
This Court has accepted a certified question of law from the United States District Court for the District of Delaware pursuant to Supreme Court Rule 41(a). The question of law concerns the ability of an insurer that has paid benefits to an insured to recover in subrogation from the United States as a “private individual,” pursuant to 21 Del. C. § 2118(g). We conclude, in answer to the certified question, that, under Delaware law, the insurer does have the right to recover from the United States in subrogation.
I
The factual basis for certification is taken from the District…
2Cases cited4 opinions
- E.I. duPont De Nemours & Co. v. Florida Evergreen FoliageSupreme Court of Delaware · 1999
- State Farm Mutual Automobile Insurance v. NalboneSupreme Court of Delaware · 1989
- Harper v. State Farm Mutual Automobile Insurance CompanySupreme Court of Delaware · 1997
- SAFETY INSURANCE COMPANY v. United States Post OfficeDistrict Court, D. Massachusetts · 1999
3Cited by7 opinions
- Levy v. HLI Operating Co., Inc.Court of Chancery of Delaware · 2007
- State Farm Mutual Automobile Insurance v. DannSuperior Court of Delaware · 2002
- Bell Atlantic-Delaware, Inc. v. SaporitoSupreme Court of Delaware · 2005
- State Farm Mutual Automobile Insurance v. DannSupreme Court of Delaware · 2001
- 21st Century Assurance Co. v. Liberty Mutual Insurance Co.Superior Court of Delaware · 2015
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