Monday, February 19, 2018

Class Two Insured Not Permitted to Stack UIM Limits Under Employer's Fleet Policy

Tort Talkers may recall the prior blog post on the case of Selective Insurance of South Carolina v. Koons-Gill, No. 13-CV-6415 (C.P. Lacka. Co. Dec. 14, 2016 Nealon, J.), in which 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.

By way of update, it is noted that this decision was recently affirmed on appeal in a non-precedential Opinion by the Pennsylvania Superior Court issued on February 13, 2018 under Superior Court Docket No. 163 MDA 210.  The Superior Court's non-precedential Opinion may be viewed HERE.

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