Williamson v. United States Fire Insurance

Toal, Justice:

This is an appeal in a declaratory judgment action which was brought to construe the provisions of an automobile insurance policy. At issue is whether an employer’s underinsurance carrier may offset workers’ compensation benefits received by an employee. The trial judge held that a policy clause providing for an offset for workers’ compensation benefits was void as against public policy. We REVERSE.

FACTS

Larry Williamson (“Williamson”) sustained injuries of $99,993.52 in a motor vehicle accident while performing duties in the course and scope of his employment. He was not at…