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HOME INS. CO. v. MALDONADO

515 A.2d 690 (1986)

HOME INSURANCE COMPANY, the Home Insurance Companies and the Home Indemnity Company, Defendants and Third Party Plaintiffs Below-Appellants, v. Esteban MALDONADO, Third Party Defendant Below-Appellee.

Supreme Court of Delaware.

Decided: September 30, 1986.

Attorney(s) appearing for the Case

Anne L. Naczi (argued) and Richard W. Pell of Tybout, Redfearn, Casarino & Pell, Wilmington, for appellants.

Michael P. Kelly (argued) and Wayne N. Elliott of Prickett, Jones, Elliott, Kristol & Schnee, Wilmington, for appellee.

Frederick T. Haase, Jr., amicus curiae, Delaware Trial Lawyers Assn, Wilmington, for appellee.

Before HORSEY, MOORE and WALSH, JJ.

HORSEY, Justice:

This appeal presents the question of whether a motor vehicle tortfeasor who carries the minimum required third-party liability coverage nevertheless becomes liable by operation of law to the tort claimant's carrier to the extent of its underinsured coverage payments made to its insured.

Home Insurance Company ("Home") appeals from a summary judgment Order of the Superior Court barring its subrogation...

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