Delaware Business Litigation Report

Delaware Supreme Court Grants Summary Judgment in Favor of Insurer Where Decedent's Worker's Compensation Carrier Could Not be Identified and Thus Could Not be Deemed an "Insolvent Insurer"

Delaware Insurance Guaranty Association v. Pickering, C.A. No. 04C-09-240 (MMJ), 2006 WL 1067317 (Del. Supr. April 10, 2006). Prior to death, decedent Logan sought worker's compensation benefits arising from injury caused by occupational exposure to asbestos while employed by H. C. Moore. When the employer's worker's compensation carrier could not be identified, the Delaware Industrial Accident Board (the "Board") ordered Delaware Insurance Guaranty Association ("DIGA") to appear and defend Logan's claim. DIGA moved for Summary Judgment. The Court entered judgment in favor of DIGA on the grounds that 18 Del. C. § 4204 authorized only the payment of valid covered claims existing prior to (or shortly after) an order of liquidation of an insolvent insurer.

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