Heller v. Pennsylvania League of Cities & Municipalities

OPINION

Justice ORIE MELVIN.

We granted review to determine whether it is a violation of public policy to exclude from underinsured motorist (“UIM”) coverage a claim by an individual eligible for workers’ compensation benefits. For the following reasons, we conclude that a workers’ compensation exclusion in an employer-sponsored insurance policy violates public policy and is, therefore, unenforceable. Accordingly, we reverse the order of the Commonwealth Court.

The facts pertinent to our review are undisputed. On October 31, 2002, Appellant, Frank Heller (“Heller”) 1, was severely injured in an…