Court of Appeals rules that No-Fault Insurance benefits are owed to a trucker

Published: 9/17/2015

Here is what a Court of Appeals panel did with a case where a trucker was injured while on the job and neither his No-Fault Insurer nor his Worker Compensation Insurer would pay any benefits. The trucker was moving cargo from one broken down vehicle to another vehicle when he was injured. The Court ruled that No-Fault Insurance benefits are owed where the trucker was injured by direct physical contact with the materials being moved between the parked vehicles. The Court also held that the Worker Compensation Carrier’s refusal to pay benefits was no defense and that the No-Fault Insurer should pay the benefits to the trucker and then deal directly with the other Insurer if reimbursement was required. The No-Fault Insurer was ordered to pay interest and attorney fees on unreasonably withheld benefits.

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