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SIMENDINGER v. NATIONAL UNION FIRE INS. CO.

No. 553, 2011.

74 A.3d 609 (2013)

Kingsley A. SIMENDINGER, Individually and as Administratrix of the Estate of Christopher Sturmfels, and Kingsley A. Simendinger, as Next Friend of Beck Sturmfels, a minor child, Plaintiff Below-Appellant, v. NATIONAL UNION FIRE INSURANCE COMPANY, Intervenor Below-Appellee, and Philadelphia Indemnity Insurance Company, Defendant Below.

Supreme Court of Delaware.

Decided: March 19, 2013.

Attorney(s) appearing for the Case

Gary S. Nitsche, Esquire , of Weik, Nitsche & Dougherty, Wilmington, Delaware for Appellant.

Daniel L. McKenty, Esquire (argued), and Katherine L. Hemming, Esquire , of Heckler & Frabizzio, Wilmington, Delaware for Appellee.

Before STEELE, Chief Justice, and HOLLAND, BERGER, JACOBS, and RIDGELY, Justices, constituting the court en Banc.

RIDGELY, Justice.

Two employees of Connections CSP, Inc. ("Connections") were killed in an automobile collision during the course and scope of their employment. Connections owned the vehicle and had purchased underinsured motorist insurance ("UIM") for the vehicle and also worker's compensation insurance which covered the employees.

The UIM insurer paid its policy limit of $1,000,000. The worker's compensation insurer...

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