Denial of UM Coverage Based on Workers Comp Exclusion
I have a case where my client was injured in auto accident on the job. Tortfeasor has limited coverage. My client has UM which says coverage may not apply due to exclusions in the policy relating to claims for bodily injury covered by WC.
Answer: You may have a bad faith case. The work comp exclusion from UM is invalid, as a matter of law. See: Bill Hodges Truck Company v. Humphrey, 1984 OK CIV APP 55, 704 P.2d 94: no UM offset against workers' compensation recovery. And Thrasher v. Act-Fast Labor Pool, Inc., 1991 OK 12, 806 P.2d 640: No subrogation of Workers' Compensation against UM; suit against UM carrier does not require filing election in Workers' Compensation Court. The insurance company should have known that.
Posted on Mon, February 15, 2010
by Sharon Coleman filed under