In his recent decision in the case of Selective Insurance of South Carolina v. Koons-Gill, No. 13-CV-6415 (C.P. Lacka. Co. Dec. 14, 2016 Nealon, J.) Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas issued a decision in this declaratory judgment action on the issue of whether an employee of ambulance service company, who was injured in a work-related accident while occupying her employer’s ambulance, may stack the underinsured motorists coverage limits for the six (6) ambulance vehicles that were insured under the employer’s commercial business automobile insurance policy.
After reviewing the matter, Judge Nealon ruled that, based
upon the clear and unambiguous language of the employer’s policy as applied to
the stipulated set of facts presented by the parties, the employee was found to
be a “class two” insured who was not entitled to stack the UIM coverage limits
for the six (6) ambulances that were insured under the employer’s commercial
policy.
Accordingly, the court entered a verdict in this declaratory
judgment action finding that the UIM coverage limit governing the employer’s
claim to be single UIM coverage limit applicable to the ambulance that the
employee was occupying at the time of her injury.
Anyone wishing to review a copy of this decision may click
this LINK.
I send thanks to Attorney Scott Cooper of the Harrisburg, PA
law firm of Schmidt Kramer for bringing this case to my attention.
UPDATE: This decision was affirmed on appeal in a non-precedential Opinion by the Pennsylvania Superior Court issued on February 13, 2018 under Superior Court Docket No. 163 MDA 210. The Superior Court's non-precedential Opinion may be viewed HERE.
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.