News & Community
Pennsylvania Injury Lawyers
Court Declares Workers' Compensation Exclusion to UIM Invalid
On September 10, 2007 the trial court in Venango County granted the insureds Motion for Summary Judgment (and denying the insurers Motion) in the case Heller v. Penn League of Cities et al where the insured (Heller) was seeking UIM coverage after being involved in a work related accident. The policy contained an exclusion stating "this coverage [UIM] does not apply to (e) Any claims by anyone eligible for workers compensation benefits that are the statutory obligations of the members."
The trial court relies upon the Pennsylvania Supreme Court decisions in Gardner v. Erie Insurance Company, 772 A.2d (Pa. 1999) and Selected Risk Ins. Co. v. Thompson, 552 A.2d 1382 (Pa. 1989) and holds that the exclusion is not valid and violates public policy "because UIM benefits are paid under a separate premium and permitting the insurance company not to pay on the UIM would give a windfall to the insurance company: UIM benefits are mandated by statute, so any exclusion of the UIM claim can only be permissible from an act of the legislature; and workers compensation only covers a fraction of the harms caused to the insured, the the UIM may make the insured whole."
Scott B. Cooper
717-232-6300
Free Initial Consultation
When you’ve been seriously injured, you have questions—turn to SchmidtKramer and speak with a lawyer today. Our Pennsylvania injury lawyers will walk you through the legal process and get you back on your feet. Call (800) 232-6301 or fill out a free online consultation form—it's yet another way to Talk to a Lawyer.
Our office is located in Harrisburg, making it convenient for us to serve clients throughout Pennsylvania, including Camp Hill, Carlisle, Chambersburg, Gettysburg, Juniata, Lancaster, Lebanon, Lewisburg, Lewistown, Mechanicsburg, Northumberland County, Palmyra, Perry County, Pottsville, Shippensburg, State College, Sunbury, and York.
Other Practice Areas
