Supreme Court of Delaware
Kingsley A. Simendinger
March 19, 20132013 Del. LEXIS 146
Summary
The court held that a workers’ compensation insurer may not enforce a lien against underinsured-motorist benefits paid under an employer-purchased policy when the policy excludes benefits for the direct or indirect benefit of a workers’ compensation insurer. Interpreting the post-1993 version of the statute, the court concluded that reimbursement is limited to amounts recoverable from the third-party liability insurer. The court therefore reversed the Superior Court’s summary judgment and remanded for further proceedings.