VAN DEN HEUVAL v. WALLACE


382 Pa.Super. 242 (1989)

555 A.2d 162

Jacob VAN DEN HEUVAL v. Theodore H. WALLACE. Appeal of ROCKWOOD INSURANCE COMPANY.

Supreme Court of Pennsylvania.

Filed March 6, 1989.


Attorney(s) appearing for the Case

William F. Thomson, Jr., Morrisville, for appellant.

C. Richard Morton, West Chester, for appellee Wallace.

Before WIEAND, McEWEN and MELINSON, JJ.


WIEAND, Judge:

The issue in this appeal concerns the right of a workmen's compensation insurance carrier, who paid benefits in accordance with the Workmen's Compensation Law of Delaware, to intervene in an employee's third party tort action in Pennsylvania. The trial court held that the carrier had no right of subrogation, even though such a right was expressly granted by Delaware law, and denied the carrier's petition to intervene. For the reasons hereinafter set...

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