National Union Fire Insurance Co. of Pittsburgh v. Figaratto

We revisit an issue that we dealt with in Berger v. H.P. Hood, Inc., 416 Mass. 652 (1993), concerning the right of an employee who is entitled to workers’ compensation benefits also to collect underinsurance benefits under his employer’s automobile policy because an underinsured motorist caused the job-related injury. A Superior Court judge al*347lowed the plaintiff insurer’s motion for summary judgment, declaring that the insurer was not obligated to pay underinsured motorist benefits to the claimants, Richard and Theresa Figaratto, under the policy issued to Richard’s employer. Our Berger…