FCF Obtains Summary Judgment in Declaratory Relief Action

John Farmer and Joyce Dondanville teamed together in making a successful Motion for Summary Judgment in a Declaratory Relief Action relating to the application of the workers’ compensation offset to UM/UIM coverage in an auto policy. The named insured, a Sheriff’s Deputy, sustained injuries in a motor vehicle accident during the course and scope of his work. He received in excess of $130,000 through workers’ compensation. He and his wife (loss of consortium) made claims against the at fault driver and received the $15,000 policy limits from that driver’s insurer. The injured officer and his wife had an auto policy with UM/UIM coverage of 100/300. The injured officer did not make a UIM claim but his wife made a UIM claim for loss of consortium. The insurer’s position, guided by our coverage opinion, was that only one limit of liability applied because the clause permissibly included the underlying bodily injury claim and any claim for loss of consortium, and that the workers’ compensation offset applies to the limit of liability, in effect negating coverage for the loss of consortium claim.

We filed a Declaratory Relief Action to determine the coverage issue and the trial court agreed and granted our Motion for Summary Judgment on the issue.