Thamert v. Continental Casualty Co
In Thamert v. Continental Casualty Co., 621 P.2d 702 (Utah 1980), an employee was injured by an uninsured motorist and obtained a judgment against him. See id. at 703.
Following that action, the employee instituted a second proceeding against the employer's insurer, who had contracted to provide uninsured motorist coverage, and against the employee's own uninsured motorist insurer. See id. at 702-03.
The employer's insurer had issued the employer a second, separate policy covering injuries under Utah's WCA. See id. at 703.
The employee in Thamert received workers' compensation from the employer's insurer under the employer's workers' compensation policy. See id.
Under these facts, the Court concluded that the defendant insurer should not be permitted to offset payments due the employee under the uninsured motorist policy by those received by the employee under the workers' compensation policy. See id. at 704.