Warner v. Continental/CNA Ins. Cos., 455 Pa. Super. 295
N/AOUTCOME: A victory for injured workers
Appellant employee was injured in an automobile accident while in the course and scope of his employment. Appellant received some funds from the insurance policy of the other motorist and also received ... workmen's compensation benefits. Appellant filed a claim pursuant to the underinsured motorist provision of his employer's insurance policy. Appellee insurance company denied coverage and refused to enter into arbitration. Appellant filed suit to require arbitration, and appellee counterclaimed for a declaratory judgment that appellant was precluded from receiving benefits under the policy by the exclusivity provisions of the Pennsylvania Workmen's Compensation Act, 77 Pa. Cons. Stat. § 481(a). The trial court denied appellant's petition and entered a declaratory judgment in favor of appellee. Appellant challenged the trial court's judgment. The court overruled the trial court's judgment and remanded the case. The court held that appellee was entitled to seek a declaratory judgment under the circumstances. The court held that because the policy in question contained no exclusions regarding workmen's compensation claims, appellant was entitled to pursue benefits under the policy. Warner was a significant case because previously, uninsured or underinsured motorist benefits were not available for workers injured in a car accident occurring while they were on the job. As a result, employees were often inadequately compensated for their injuries, even when their employers had purchased the coverage necessary to protect them and intended for it to apply. The Warner case reexamined the relevant statutes and resulted in a decision that not only made more complete compensation possible for injured workers, but also worked to contain the costs of worker's compensation insurance for their employers.
