Progressive Casualty Insurance v. Estate of Keenan

Skoglund, J.,

¶ 15. dissenting. Neither the Legislature nor this Court in Travelers Insurance Co. v. Henry, 2005 VT 68, 178 Vt. *304287, 882 A.2d 1133, intended to create a scheme that divides UIM benefits between an injured employee and the workers’ compensation carrier when the injured employee’s retention of the entire award would not result in a double recovery of benefits for the same type of injury. Indeed, the Legislature specifically amended our workers’ compensation law to overrule this Court’s prior holdings that gave workers’ compensation carriers first-dollar recovery of an injured…