Jim and Carrie Carroll at Carroll and Carroll, P.C. represent the injured people of Pennsylvania and New York in Bradford, Sullivan, Tioga, Susquehanna, and Chemung counties in personal injury, premises liability, slip and fall, automobile accident and workers’ compensation cases Jim and Carrie Carroll at Carroll and Carroll, P.C. represent the injured people of Pennsylvania and New York in Bradford, Sullivan, Tioga, Susquehanna, and Chemung counties in personal injury, premises liability, slip and fall, automobile accident and workers’ compensation cases
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Vehicle and Automobile Accidents

    7/31/2008
    James R. Carroll, Jr., Esquire
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    Court Holds Police Officer Injured Outside His Cruiser Is A Protected Person

    On July 28, 2008, Judge Joyner in the United States District Court for the Eastern District of Pennsylvania Granted the Insured's Motion for Summary Judgment in St. Paul Fire & Marine Insurance Co. v. Rhein.  Judge Joyner holds that Rhein was occupying his police vehicle at the time he was injured while conducting a routine traffic stop. 

    In Rhein, the officer was injured in the course and scope of his employment.  He pulled over a speeding vehicle, stopped behind the car with his emergency lights on and exited his cruiser to conduct the stop.  At some point during the exchange of information the other driver's car began to roll backward and Rhein's hand became wedged inside the car door causing his injuries.  He settled the third party case with the other drivers insurance company and then sought underinsured motorist coverage form the Township insurer which denied coverage arguing that Rhein was not a "protected person" under the policy because he was not "occupying" the cruiser at the time of the accident.  

    Applying the four (4) part "occupancy" test from the Pennsylvania Supreme Court decision in Utica Mutual Insurance Co. v. Contrisciane, 473 A.3d 1005 (Pa. 1984) the Court holds that Rhein was "occupying" the cruiser at the time of the accident.  One of the main issue to the four part test was whether Rhein was "vehicle oriented".  The court relies upon Property and Casualty Insurance Co. of Hartford v. Caperilla, 2004 WL 1551739 (E.D. Pa. July 9, 2004) where another officer was injure din a similar manner.    Thus, he is a covered and protected person and entitled to the underinsured motorist coverage.

    Thanks to Attorney Scott Cooper for this information.


    Labels: automobile accident, case law, insurance, pedestrian accident, Underinsurance, work injury


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