Baker v. St. Paul Travelers Ins. Co., No. 11-1897 (1st Cir. 2012)Annotate this Case
Plaintiff, a Rhode Island resident and employee of Safety, a Massachusetts corporation, was driving one of Safety's vehicles in Massachusetts as part of her job and was seriously injured in an accident caused by the other driver. She filed a claim against the tortfeasor, whose insurer paid the full policy limit of $20,000.00. She also received workers' compensation through the Rhode Island system and settled a Underinsured Motorist claim against her personal automobile insurance company for the policy limit of $25,000.00. She sought to recover under the UIM provision of Safety's policy, provided by defendant. The First Circuit determined that Massachusetts law applied, under which an employee cannot recover under both WC and her employer's UIM policy, except where the employer has "explicitly purchased" the UIM coverage for employees injured in the course of their employment. On remand, the district court granted summary judgment to defendant. The First Circuit affirmed. Plaintiff had no evidence that the company explicitly purchased the coverage for employees injured in the course of employment that would permit a reasonable jury to resolve this case in her favor.