Gardner v. Erie Insurance Company

In Gardner v. Erie Insurance Company, 555 Pa. 59, 722 A.2d 1041 (1999), the issue raised was "whether an employee's receipt of worker's compensation benefits relating to injuries sustained while driving a co-employee's automobile and arising out of wrongful third-party conduct bars him from recovering uninsured motorist benefits from the co-employee's insurance carrier." Id., 555 Pa. at 61, 772 A.2d at 1041. In that case, Gardner was driving a car owned by a co-employee when he was injured in an accident in the course of his employment. The other driver fled the scene. Gardner obtained worker's compensation benefits and also uninsured motorist benefits of $ 15,000 from his own insurer. Gardner then sought uninsured motorist benefits under the co-employee/owner's policy with Erie Insurance. Erie denied the request, and Gardner filed a declaratory judgment action. In that proceeding, Erie argued that Gardner's receipt of worker's compensation benefits precluded his subsequent receipt of benefits under his co-worker's insurance plan.