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Scott Cooper
Scott Cooper
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Employee Not Entitled To UM/UIM Coverage From Personal Policy

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Schmidt Kramer PC
209 State Street
Harrisburg, PA 17101
(717) 232-6300 – Telephone
(717) 232-6467 – Facsimile

On July 27, 2011 the Superior Court of Pennsylvania rendered its decision in Erie Ins. Exch. v. Conley, – A.2d — (Pa. Super. Ct.July 27, 2011). This case involves the review of a trial court decision to grant the Motion for Judgment on the Pleadings of an insurance company where an employee claimed to be entitled to uninsured or underinsured motorist benefits from his personal motor vehicle insurance policy when he was injured after being struck by a vehicle being operated by his employer.

The opinion by Judge Colville finds that under the language of the policy the law must "entitle" Conley to receive damages from the owner or operator of an uninsured or underinsured vehicle, in this case his employer who was driving the vehicle, in order to receive coverage. In this case, their was no exception to the workers compensation statute and the Court finds no requirement under the law to pay for third party damages. Therefore, under the policy the insurance company is not required to provide uninsured or underinsured motorist coverage.

Attached is a copy of the link to the opinion from the Pennsylvania Superior Court website.