Adams v. Delmarva Power & Light Co.

HOLLAND, Justice:

The petitioner-appellant, William L. Adams (“Adams”), was employed by the respondent-appellee, Delmarva Power & Light Company (“Delmarva”). Adams was driving a motor vehicle owned by Delmarva when he was injured in a collision, caused by a third party tortfeasor. The sole question presented in this appeal is whether an employer’s workmen’s compensation insurer is entitled to a set-off, under 19 Del.C. § 2363, for payments made to the employee by the employee’s own underinsured motorist insurer. The Industrial Accident Board and the Superior Court answered that question in the…