Workers' Compensation

The April Fools Post: The DE Supreme Court Excludes UIM Policy Proceeds from Statutory Comp Lien

This is serious business, folks, notwithstanding the title of today's post.....Props to Cheryl Ward of Franklin & Prokopic who, like me, spent part of her Good Friday keeping vigil over any late-breaking news in the world of comp.  And heralding from the Delaware Supreme Court is Kingsley Simendinger v. Natl. Union Fire Ins. Co. and Philadelphia Indemnity Insurance,  No. 553,2011 DE Supreme (March 19, 2013) [enhanced version available to subscribers].

The proposition is this simple-

The workers compensation insurance carrier's lien entitlement under 19 Del. Code Section 2363(e) does not attach to any recovery under the underinsured motorists insurance (UIM) even where the UIM policy in question is one that is purchased by the employer.

The attached decision is a tightly written analysis of why the 2363 comp lien is excluded from the UIM proceeds.  Accolades to Gary Nitsche-this was his case and one he argued to the Supremes en banc.

It's a great day for the claimant's bar...... and I ain't April foolin' when I say that....:>)

Irreverently yours,
Cassandra Roberts

    Visit Delaware Detour & Frolic, a law blog by Cassandra Roberts

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