Continental Insurance v. Fahey

OPINION

WALTERS, Justice.

We have accepted certification from the United States District Court of the following question:

Whether an insurance company which provides both worker’s compensation insurance and uninsured motorist coverage for a particular automobile accident is entitled, under a written provision of the uninsured motorist policy, to offset the amount recovered by the injured party under the worker’s compensation policy against any amount which may be payable under the uninsured motorist policy?

Plaintiff Continental Insurance Company provides both workers’ compensation insurance and…