Supreme Court of Delaware

Reuben Cordero, Below v. Gulfstream Development Corporation, and Delaware Siding Company, Below

November 20, 20122012 Del. LEXIS 599

Summary

The Court affirmed dismissal of the employee’s petitions seeking workers’ compensation coverage from the general contractor and subcontractor. It held that a contractor enters a statutory safe harbor by obtaining and retaining a facially valid certification of the subcontractor’s insurance, and that the statute does not reinstate liability merely because the subcontractor later allows coverage to lapse. The Court further held that no ongoing monitoring duty arises absent knowledge or reason to believe that the subcontractor has a history of allowing coverage to lapse.