BAIO v. COMMERCIAL UNION INS. CO.


410 A.2d 502 (1979)

Dominick BAIO, Anna P. Baio and Victor F. Battaglia, Defendants, Appellants, v. COMMERCIAL UNION INSURANCE CO., Plaintiff, Appellee.

Supreme Court of Delaware.

Decided December 21, 1979.


Attorney(s) appearing for the Case

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

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

Before HERRMANN, C. J., and DUFFY, McNEILLY, QUILLEN and HORSEY, JJ., constituting the Court


DUFFY, Justice (for the majority):

The issue in this case concerns the right of an insurance company to recover from an injured workman, on a statutory subrogation basis, the amount of compensation it had paid to him. The Superior Court entered judgment for the insurance company and the workman appeals. We reverse.

I

The critical facts are undisputed: Dominick Baio (defendant) was injured in an accident...

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