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Insurer Must Cover Weekend Accident
An umbrella insurance policy that covers a company's employees while “acting within their duties” should cover a worker who drove out of town on a weekend in search of a company cell phone he'd lost — even if he stopped for personal errands on the way home, the Pennsylvania Superior Court has ruled.
A three-judge panel affirmed early in March a Lancaster County, PA, judge's finding that an employee has a duty to search for company property that he has lost. “The fact that he did it on a Saturday does not mean that he was any less carrying out a duty of his employment,” Judge Richard B. Klein wrote for the panel in Leggett v. National Union Fire Insurance Co. “It is true that normally one is not acting within the course and scope of his employment commuting to and from work,” Klein continued. “However, the situation is different when one makes a separate trip on a normal day off to perform the obligation of finding lost property. This is more akin to going from one's office to a job site than the regular commuting from home to the office.”
The court also found that a workers' compensation judge's finding that the employee was not acting within the “course and scope of his employment” did not preclude the issue from being evaluated under the standards of contract law in Pennsylvania.
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