Petrochko v. Nationwide Mutual Insurance

NEAL ON, J.,

The parties’ motions for summary judgment present an issue which has not been addressed by a state appellate court: whether an employee, who receives workers’ compensation benefits for injuries sustained in an automobile accident that is negligently caused by a co-worker, may also recover underinsurance motorist (UIM) benefits for the employee’s non-economic damages. Pennsylvania law and the insurance policy at issue limit UIM coverage to insureds who “are legally entitled to recover damages” from the underinsured tort-feasor. Since the negligent motorist in this case is immune…