State Farm Mutual Automobile Insurance v. Karasek

HAIRE, Presiding Judge.

The question presented on this appeal is whether a policy owner’s recovery under an uninsured motorist provision may be reduced by the amount of workmen’s compensation benefits paid to the injured policy owner.

The plaintiff-appellee filed a declaratory judgment action against his insurer, State Farm seeking a judgment that he was entitled to compensation under the uninsured motorist provisions of his policy. He had been injured by an uninsured motorist while operating a motorcycle in the course and scope of his employment as a City of Phoenix patrolman. The policy…