Travelers Insurance v. Henry

Reiber, C J.

¶ 1. In this appeal, we are asked by the United States Court of Appeals for the Second Circuit to answer the following certified question: under 21 V.S.A § 624(e), does a workers’ compensation carrier have a right to reimbursement from, or a future credit against, underinsured/uninsured (UIM) benefits recovered by an injured employee under an automobile liability policy that was purchased by his employer? As discussed below, we conclude that under the plain language of 21 V.S.A. § 624(e) a workers’ compensation carrier does not have a right to be reimbursed out of such proceeds,…