Supreme Court of Delaware

City of Wilmington, Appellant Below, Appellant v. Nationwide Insurance Company, Appellee Below, Appellee, City Of…

January 4, 2017154 A.3d 1124

Summary

The Court held that a losing party may appeal de novo to the Superior Court from mandatory arbitration of a subrogation dispute between an insurer and a self-insurer. It reasoned that the statute requires such arbitration to proceed in the same manner as arbitration under subsection 2118(j), which includes the appeal right in subsection 2118(j)(5). The Court therefore reversed the Superior Court’s dismissal of the City’s appeals.