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COMMERCIAL U. INS. CO. v. BAIO

389 A.2d 271 (1978)

COMMERCIAL UNION INSURANCE CO., a Massachusetts Corporation, Plaintiff, v. Dominick BAIO, Anna P. Baio and Victor F. Battaglia, Defendants.

Superior Court of Delaware, New Castle County.

Decided June 20, 1978.

Attorney(s) appearing for the Case

B. Wilson Redfearn and John A. Elzufon of Tybout & Redfearn, Wilmington, for plaintiff.

Victor F. Battaglia and Robert K. Beste, Jr. of Biggs & Battaglia, Wilmington, for defendants.

LONGOBARDI, Judge.

Following an industrial accident in May, 1972, Defendant Dominick Baio ("Baio") received over $8,000 in workmen's compensation benefits from Plaintiff Commercial Union Insurance Company ("Commercial Union"). Baio filed an action against Rankin Development Co. and DiSabatino Brothers, Inc. alleging that their negligence was the cause of his injuries. As a result of that suit, Baio recovered $175,000 from...

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