Waters v. The United States
In Waters v. The United States, 787 A.2d 71 (Del. 2001), the Court was faced with the limitation of 2118(g)(1) as applied to a self-insured tortfeasor.
In reaching its conclusion that "under Delaware law, the insurer does have the right to recovery from a 'private individual' in subrogation," the Court explained:
"While 2118(g)(1) clearly prohibits a PIP insurer from seeking recovery against an individual tortfeasor who has a third party insurer, it is silent with regard to tortfeasors who have no third party insurer. The limitation set by 2118(g)(1) thus does not apply to self-insured tortfeasors. Rather, to the extent that 2118(g)(1) is silent, the applicable rule is the general right to subrogation provided for at common law and incorporated into the unambiguous language of 2118(g)."