Keeler v. Harford Mutual Insurance

WALSH, Justice:

This appeal from the Superior Court presents the issue of whether a workers’ compensation carrier is entitled to be reimbursed for amounts it paid to an injured worker without sharing in the costs of the litigation which made reimbursement possible. Despite our decision to the contrary in Cannon v. Container Corp. of Am., Del.Supr., 282 A.2d 614 (1971), we now hold that the language of 19 Del.C. § 2363 requires that the insurance carrier pay a share of the costs of litigation proportionate to the amount of its recovery. The decision of the Superior Court is therefore reversed.

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