May a commercial UM policy exclude coverage for injury covered by workers' compensation?
Answer: Check out these cases:
Chambers v. Walker, 1982 OK 128, 653 P.2d 931, prohibits offset or credit against the insured's own UM policy for workers' compensation benefits, despite a policy provision to that effect. Bill Hodges Truck Company v. Humphrey, 1984 OK CIV APP 55, 704 P.2d 94. prohibits the converse: an offset of UM benefits paid under the worker's own policy against a workers' compensation recovery. Torres v. Kansas City Fire and Marine Ins. Co., 1993 OK 32, 849 P.2d 407, and Dennis v. Harding Glass Co., 1996 OK CIV APP 105, 929 P.2d 301. prohibit an employer and workers' compensation carrier from offsetting against workers' compensation benefits UM coverage payable under the employer's car policy.
Posted on Thu, January 26, 2012
by Sharon Coleman filed under