John Henry and Darlene Henry, Plaintiffs Below, Appellants v. Cincinnati Insurance Company, Defendant Below…

Summary

The court held that the Workers' Compensation Act's pre-amendment exclusivity provision did not bar employees from recovering underinsured-motorist benefits under automobile liability policies their employers purchased from third-party insurers. Because the insurer was not acting as the employer or as the workers' compensation carrier, and instead stood in the position of an alleged third-party tortfeasor, the employees' claims were permitted. The court reversed both Superior Court judgments and remanded for further proceedings.