United States First Circuit

In plaintiff's action seeking to recover under the Underinsured Motorist (UIM) provision of her employer's automobile insurance policy, arising from an automobile accident where she was severely injured during the course of her employment, judgment of the district court affirming the grant of summary judgment in favor of the defendant is reversed and remanded as the district court must determine whether the National Union carve-out applies, namely whether the employer "explicitly purchased" its underinsured motorist coverage for the purpose of providing UIM coverage to employees injured in the course of their employment.

Appellate Information

• Decided 02/17/2010
• Published 02/17/2010

Judges

• STAHL, Circuit Judge., Before LIPEZ, STAHL and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Merrill Friedemann with whom Anthony Gianfrancesco and William F. Warren were on brief for appellant.


• For Appellees:
  
• Paul V. Sullivan for appellee.