Colorado: No Recovery from Co-Employee’s Uninsured Motorist Coverage

Colorado’s exclusivity rule is sufficiently broad so as to bar an injured employee from recovering damages via the uninsured motorist/underinsured motorist coverage of a co-employee’s auto policy, held the Supreme Court of Colorado. As long as the allegedly negligent act occurred within the course and scope of the co-employee’s employment, that co-employee enjoyed broad immunity from suit. Allowing recovery under the co-employee’s UM/UIM coverage would be a direct conflict with the state’s Workers’ Compensation Act.

Thomas A. Robinson, J.D., the co-Editor-in-Chief and Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law(LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance.

See Ryser v. Shelter Mut. Ins. Co., 2021 CO 11, 2021 Colo. LEXIS 102 (Feb. 16, 2021)

See generally Larson’s Workers’ Compensation Law, § 110.05.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law

For a more detailed discussion of the case, see

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