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GARDNER v. ERIE INS. CO.

555 Pa. 59 (1999)

722 A.2d 1041

Lorren R. GARDNER, Appellee, v. ERIE INSURANCE COMPANY, Appellant.

Supreme Court of Pennsylvania.

Decided January 26, 1999.

Attorney(s) appearing for the Case

James B. Courtney, Somerset, for Erie Ins. Co., appellant.

Vincent J. Barbera, Somerset, for L.R. Gardner, appellee.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ,

OPINION

SAYLOR, Justice.

This appeal presents the issue of whether an employee's receipt of workers' 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. We hold that such recovery is not precluded.

On October 23, 1994, while driving an automobile owned by Steven...

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