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LM Insurance Corp. v. Silva-Garcia

Supreme Court of Delaware

June 13, 2014

LM INSURANCE CORPORATION, Appellant Below, Appellant,
v.
JESUS SILVA-GARCIA and CITY WINDOW CLEANING OF DELAWARE, INC., Appellees Below, Appellees

Submitted: April 30, 2014.

Case Closed June 23, 2014.

Editorial Note:

This decision has been designated as "Table of Decisions Without Published Opinions." in the Atlantic Reporter.

Court Below: Superior Court of the State of Delaware, in and for Kent County. C. A. No. K13A-01-002.

Before STRINE, Chief Justice, BERGER and JACOBS, Justices.

OPINION

Jack B. Jacobs, Justice

ORDER

This 13th day of June, upon consideration of the briefs of the parties, and their contentions in oral argument, it appears to the Court that the judgment of the Superior Court should be affirmed on the basis of its decision dated August 22, 2013. That judgment upheld the Industrial Accident Board (" IAB" ) determination that the workers' compensation insurance policy issued to appellee, City Window Cleaning of Delaware, Inc. (" City Window" ), by appellant, LM Insurance Corporation, was renewed effective January 13, 2010 at 12:01 a.m. Specifically, the IAB found that the term " U.S. postmark," as used in the Delaware Workers Compensation Insurance Plan Handbook (the " Handbook" ), encompasses private meter marks in applying the relevant Handbook provisions to determine the effective date of City Window's renewed insurance coverage. We conclude that the IAB's decision to interpret the term " U.S. postmark" in the Handbook consistently with federal postal standards was proper.[1] We also conclude that the Superior Court properly determined that the IAB's adjudication of the insurance coverage dispute was not barred by the doctrines of claim preclusion or issue preclusion.

NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED.


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