Jeffrey Jenkins v. City of Elkins, et al.

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Plaintiffs appeal an adverse summary judgment order in their lawsuit seeking damages for bodily injury and loss of consortium arising from an automobile accident. The issues include a municipality's immunity from liability under the Tort Claims and Insurance Reform Act for any claim covered by workers' compensation; the validity of a government-owned vehicle exclusion in uninsured or underinsured motorist coverage; whether a government employee who has statutory immunity from liability qualifies as an "uninsured motorist" driving an "uninsured motor vehicle"; what effect that a tortfeasor's statutory immunity from liability may have upon the availability of an injured party's uninsured and underinsured motorist coverage; and the validity of an exclusion to medical payments coverage in a commercial automobile liability policy for injuries suffered by an employee in the course of employment.