Colorado: Injured Employee May Proceed Against Employer’s UM/UIM Carrier

Answering a question certified to it by the U.S. District Court for the District of Colorado, the Supreme Court of Colorado held that an employee who receives workers’ compensation benefits...

Issue Commentary: “Collision” Between Co-employee Immunity and Employer’s Uninsured Motorist Policy?

SC Comp Act Prevents Recovery of UM Benefits by Injured Employee Against Co-Employee

Wisconsin Court Says UIM Carrier May Not Deduct Comp Benefits Subject to Subrogation Lien

A Wisconsin appellate court held that a deceased worker’s automobile insurance carrier, which had written a policy that included underinsured motorist’s (UIM) limits of $250,000, may only reduce its coverage...

Colorado High Court Says Injured Employee May Not Recover Via Co-Employee’s UM/UIM Policy

An injured employee is barred by operation of Colorado’s Workers’ Compensation Act’s exclusivity and co-employee immunity principles from bringing a UM/UIM benefits action against a co-employee vehicle owner’s insurer for...

Special Endorsement in NC Commercial Auto Policy Sinks Employer/Insurer's Subrogation Claim

The North Carolina Supreme Court, in a split decision, reversed an earlier decision by the state's Court of Appeals, and held that because the employer's commercial auto policy contained an...

Delaware Supreme Court Says Injured Employees May Recover Under Employer’s Underinsured Motorist Coverage

The Supreme Court of Delaware, reversing earlier rulings by a state trial court, held that the exclusive remedy provisions of the state’s Workers’ Compensation Act (the Act), two workers who...

Federal Court in Colorado Holds Injured Employee May Not Recover Under Employer’s Uninsured Motorist Coverage

In a diversity insurance case that the court indicated was an issue of first impression, the U.S. District Court for the District of Colorado, construing Colorado law, held that an...

New Mexico High Court Blocks Estate’s Attempt to Go After Employer’s Uninsured Motorist Coverage

No Coverage Where Tortfeasor Was Co-Employee Answering a question certified to it from a federal district court sitting in New Mexico, that state’s Supreme Court held that an employee injured...