The Delaware Supreme Court has revived a workers’ compensation insurer’s claim for subrogation in a case where an employee injured while driving for her employer received payment from her employer’s uninsured motorist insurer after receiving her workers’ compensation benefits.
The high court reversed a Superior Court that had denied ProAssurance Group’s rights to subrogation. The high court remanded the case back for calculation of how much, if any, of the UIM awarded to employee Edna Manz is subject to subrogation.
Manz’s employer, Apis Services, used ProAssurance as its workers’ compensation carrier. Following the accident, ProAssurance