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HELLER v. PENN. LEAGUE OF CITIES

No. 16 WAP 2009.

32 A.3d 1213 (2011)

Frank D. HELLER and Beverly A. Heller, Husband and Wife, Appellants v. PENNSYLVANIA LEAGUE OF CITIES AND MUNICIPALITIES t/d/b/a Penn PRIME Trust a/k/a Pennsylvania Pooled Risk Insurance for Municipal Entities, Appellees.

Supreme Court of Pennsylvania.

Decided October 19, 2011.

Attorney(s) appearing for the Case

Joseph J. Liotta, III , Franklin, Scott B. Cooper , Schmidt, Ronca & Kramer, PC, Harrisburg, for Frank D. Heller and Beverly A. Heller.

Frank P. Murphy , Murphy Woodward & Haskins, Norristown, for Appellant Amicus Curiae, Pennsylvania Association for Justice.

Brian P. Gabriel , Campbell Durrant Beatty Palombo & Miller, P.C., Pittsburgh, for PA League of Cities & Municipalities, et al.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, ORIE MELVIN JJ.

OPINION

Justice ORIE MELVIN.

We granted review to determine whether it is a violation of public policy to exclude from underinsured motorist ("UIM") coverage a claim by an individual eligible for workers' compensation benefits. For the following reasons, we conclude that a workers' compensation exclusion in an employer-sponsored insurance policy violates public policy and is, therefore, unenforceable. Accordingly, we reverse the order of the Commonwealth...

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