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Davis v. Liberty Mutual Insurance Co.

Co-employee exclusion in employer's auto policy did not violate state minimum coverage standards where coverage for plaintiff's traffic injuries was encompassed by workers' compensation policy.

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Argued: September 7, 2001

Affirmed in part, vacated in part and remanded.

Plaintiff-appellant Gareld Davis appeals from a December 7, 1998 judgment of the United States District Court for the District of Vermont (William K. Sessions III, District Judge). The final judgment was entered pursuant to two orders: an August 14, 1998 opinion and order, see Davis v. Liberty Mut. Ins. Co., 19 F. Supp. 2d 193 (D. Vt. 1998), that held, inter alia, that a co-employee exclusion clause in a business automobile insurance policy does not violate section 800 of title 23 of Vermont Statutes Annotated, Vermont’s financial responsibility statute (“section 800(a)”), see Vt. Stat. Ann. tit. 23, � 800(a); and (2) a December 7, 1998 order that granted summary judgment to defendant- appellee Liberty Mutual Insurance Company (“Liberty Mutual”) on its counterclaim for a statutory workers’ compensation lien on Davis’s $20,000 recovery from a third party.

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