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MR. PIZZA, INC. BY HOME INS. CO. v. SCHWARTZ

489 A.2d 427 (1985)

MR. PIZZA, INC., by its carrier, The HOME INSURANCE COMPANY, Employee-Appellee Below, Appellant, v. Michael S. SCHWARTZ, Claimant-Appellee Below, Appellee, and Mr. Pizza, Inc., by its carrier, Merchants Insurance Group, Employer-Appellant Below, Appellee.

Supreme Court of Delaware.

Decided: February 6, 1985.

Attorney(s) appearing for the Case

Stephen P. Casarino (argued), Tybout, Redfearn, Casarino & Pell, Wilmington, for appellant.

David Roeberg (argued), Roeberg & Associates, P.A., Wilmington, for Claimant-Appellee.

Carl Schnee and Susan C. Del Pesco (argued), Prickett, Jones, Elliott, Kristol & Schnee, Wilmington, for Employer-Appellee.

Before HORSEY, MOORE, and CHRISTIE, JJ.

CHRISTIE, Justice (for the majority):

Claimant-appellee sustained three injuries to his back while performing his duties as a manager of Mr. Pizza, Inc. (hereinafter, Mr. Pizza). Between the time of claimant's second and third injuries, Mr. Pizza changed insurance carriers. The narrow issue which now confronts this Court concerns which of the two insurance carriers must pay the benefits, to which plaintiff is entitled as...

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