Liever Hyman Potter
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The attorneys of Liever Hyman Potter

AUTO ACCIDENT ATTORNEYS, PERSONAL INJURY & MALPRACTICE LAWYERS

Since our founding in 1959, we have won thousands of awards and settlements for victims and their families, including million-$ and multi-million-$ settlements.

E-MAIL    |    TEL    610 370 6682    /    570 794 5017    

Our litigation team obtained a settlement with
a lifetime payout of over $12,750,000 for a middle
aged woman who was diagnosed with a brain
arteriovenous malformation.   read more

A $1,280,000 settlement has been reached in
favor of a retired man seriously injured in an
auto accident at a city intersection.   read more

The insurer for the driver of a truck that swerved to
avoid rear-ending a school bus and collided with
another vehicle has paid 1.2 million for the serious
injuries suffered by the other driver.   read more

A daycare center accident that blinded one eye
of a 22-month old child and that “could have and
should have been prevented,” has been settled...
read more

A woman who was seriously injured when her
vehicle was struck by a drunken driver has won
a settlement of 2.5 million.   read more

Auto/Truck/Motorcycle Accidents; Personal Injury; Medical Malpractice; Nursing Home Abuse & Neglect; Workers' Compensation; Products Liability
Medical Malpractice; Nursing Home Abuse & Neglect; Auto/Truck/Motorcycle Accidents; Personal Injury; Workers' Compensation; Products Liability
Auto/Truck/Motorcycle Accidents; Personal Injury; Medical Malpractice; Nursing Home Abuse & Neglect; Workers' Compensation; Products Liability
Workers' Compensation; Auto/Truck/Motorcycle Accidents; Personal Injury; Medical Malpractice; Nursing Home Abuse & Neglect; Products Liability
Workers' Compensation; Auto/Truck/Motorcycle Accidents; Personal Injury; Medical Malpractice; Nursing Home Abuse & Neglect; Products Liability
Auto/Truck/Motorcycle Accidents; Personal Injury; Medical Malpractice; Nursing Home Abuse & Neglect; Workers' Compensation; Products Liability

PA Supreme Court Strikes Down Workers’ Compensation Exclusion in Insurance Policy

November 9, 2011 by admin

From the Desk of Adam K. Levin, Esq. (PA workers’ comp and personal injury attorney).

Since it violates public policy, workers’ compensation exclusion in employer-sponsored insurance policy is unenforceable.

Heller v. League of Cities (PICS Case No. 11-4354)(Pa. Oct. 19, 2011).    A police officer was severely injured in an automobile accident in the course and scope of his employment as a police officer for a municipal police department.  Workers’ compensation covered the officer’s medical expenses and two-thirds of his salary.  The borough paid the remainder of his salary.  The officer recovered the policy limits from the insurance carrier for the responsible driver; however, the officer’s losses and damages exceeded the liability coverage.  Accordingly, the officer sought underinsured motorist (UIM) benefits from the borough under a policy issued to the borough by its insurance company, PA League of Cities (PALC).  PALC denied the officer’s claim for UIM benefits based on a policy exclusion stating that UIM coverage did not apply to any claim by anyone eligible for workers’ compensation benefits.

In this case, the borough voluntarily elected to purchase optional UIM coverage and paid a premium to PALC to provide additional protection to its employees who operated or occupied borough vehicles.  Borough employees, such as the officer, used the vehicles in the course and scope of their employment.  Therefore, the vast majority of all UIM claims would be made by borough employees who were eligible for workers’ compensation.  The exclusions operated to deny UIM benefits to anyone eligible for workers’ compensation.  Thus, PALC sold additional coverage that would not attach because of the exclusion.Under the facts and circumstances, the PA Supreme Court held that the coverage was illusory and found that it was a “sham offering” and that PALC received a windfall.  As such, the exclusion was unenforceable since it violated public policy.

At Liever, Hyman & Potter, P.C., we handle cases on behalf of injured workers’ who are entitled to both work comp benefits and benefits under automobile insurance policies.  An experienced attorney for work comp and personal injury at our firm can assist you with these types of matters.

 


SERVING VICTIMS OF:
MOTOR VEHICLE INJURY
CAR ACCIDENTS
TRUCK ACCIDENTS
MOTORCYCLE ACCIDENTS
DRUNK DRIVERS
SLIP AND FALLS
WORKERS' COMPENSATION
OCCUPATIONAL DISEASE
UNSAFE PRODUCTS/CONDITIONS
WORK INJURIES
WRONGFUL DEATH
INADEQUATE WORKERS COMP.
MEDICAL MALPRACTICE
DOCTOR/HOSPITAL ERRORS
SURGERY ERRORS
OPERATING ROOM MISTAKES
PREGNANCY & BIRTH INJURIES
MISDIAGNOSIS
FAILURE TO DIAGNOSE
PRESCRIPTION ERRORS
FAILURE TO DIAGNOSE CANCER
NURSING HOME NEGLECT
NURSING HOME ABUSE
BED SORES