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AMERICAN NATL. FIRE INS. CO. v. STEWART

April 14, 1989

AMERICAN NATIONAL FIRE INSURANCE COMPANY, Plaintiff,
v.
PHILLIP STEWART, Defendant



The opinion of the court was delivered by: KATZ

 MARVIN KATZ, UNITED STATES DISTRICT JUDGE.

 This case involves a dispute as to the relationship between the Pennsylvania Workmen's Compensation Act, 77 Pa. Stat. Ann. § 1 et seq. (Purdon 1974), and the Pennsylvania Motor Vehicle Responsibility Act, 75 Pa.Cons.Stat.Ann. § 1701 et seq. (Purdon 1984). Both sides have moved for summary judgment. *fn1" For the reasons that follow, I will grant declaratory relief in favor of defendant and against plaintiff.

 The stipulated facts are as follows:

 1. On January 13, 1986, the defendant, Phillip Stewart, was a passenger in a vehicle owned by his employer, Lutheran Social Mission Society of Philadelphia when he sustained injuries while in the course and scope of his employment.

 3. The vehicle occupied by defendant, Phillip Stewart, was involved in a motor vehicle accident with a vehicle which was uninsured, by virtue of its status as a stolen vehicle on the date of the accident.

 4. Plaintiff, Lutheran Social Mission Society of Philadelphia, the owner of the truck in which defendant was riding at the time of the accident, was covered by motor vehicle insurance, including uninsured motorist coverage through American National Fire Insurance Company, policy number BA632145-01, at the time of the incident.

 5. Defendant, Phillip Stewart, initiated a claim for uninsured motorist benefits against his employer's policy in May 1986.

 DISCUSSION

 The Workmen's Compensation Act states:

 
The liability of an employer under this act shall be exclusive and in place of any and all other liability to such employes . . . on account of any injury. . . .

 77 Pa.Stat.Ann. § 481(a) (Purdon 1974).

 In Lewis v. School District, 517 Pa. 461, 538 A.2d 862 (1988), the Pennsylvania Supreme Court analyzed the relationship between the Workmen's Compensation Act and the (now replaced) Pennsylvania Uninsured Motorist Act, 40 Pa.Stat.Ann. § 2000 et seq. (Purdon 1963). The Court held that an employee's recovery of workmen's compensation benefits precludes him from recovering uninsured motorist benefits under his employer's policy for the same injury, on the ground that the exclusivity provision of the Workmen's Compensation Act was enacted more recently than was the Uninsured Motorist Act, and "'the statute latest in date of final enactment shall prevail.'" Lewis, 517 Pa. at 473, 538 A.2d 862 (quoting Statutory Construction Act of ...


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