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WATERS v. U.S.

No. 69, 2001.

787 A.2d 71 (2001)

Sharon WATERS and State Farm Mutual Automobile Insurance Company as subrogee of Sharon Waters, Miranda Wilson, Jamar Waters, Douglas Waters, DaShawn Waters and Joy Waters, Plaintiffs, v. The UNITED STATES of America, Defendant.

Supreme Court of Delaware.

Decided: December 12, 2001.

Attorney(s) appearing for the Case

Diane M. Willette, Esquire (argued) and Thomas P. Leff, Esquire, Casarino, Christman & Shalk, Wilmington, Delaware, for Appellants.

Patricia C. Hannigan, Esquire, Assistant United States Attorney, Wilmington, Delaware, for Appellee.

Before VEASEY, Chief Justice, WALSH, and BERGER, Justices.

WALSH, Justice.

This Court has accepted a certified question of law from the United States District Court for the District of Delaware pursuant to Supreme Court Rule 41(a). The question of law concerns the ability of an insurer that has paid benefits to an insured to recover in subrogation from the United States as a "private individual," pursuant to 21 Del. C. § 2118(g). We conclude, in answer to the certified...

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