Okuly v. USF&G Insurance Co.

Summary

The Montana Supreme Court affirmed summary judgment for USF&G in an action seeking recovery of a stipulated wrongful-death and survival judgment under uninsured motorist coverage. The court held that the Workers’ Compensation Act provided the exclusive remedy because the decedent was killed in the course and scope of employment by a co-employee, so the plaintiffs were not legally entitled to recover damages as required by Montana’s uninsured motorist statute.

Holdings

1. The Workers' Compensation Act was Okuly's exclusive remedy for the employment-related death, so he was not legally entitled to recover damages from the employer or co-employee and could not satisfy the statutory condition for uninsured-motorist benefits.

Questions Presented

1. Whether the Workers' Compensation Act provided Okuly's exclusive remedy and therefore prevented recovery from USF&G of the stipulated $500,000 judgment under Montana's uninsured-motorist statute.

Disposition

affirmed