The United States District Court for the Middle District of Pennsylvania ruled that an underinsured motorists carrier was required to compensate its insured who was injured by an underinsured co-employee in Nationwide Ins. Co. v. Chiao, No. CIV. 4:CV-04CV2154, 2005 WL 1540234 (M.D. Pa. July 1, 2005).

Sharon Chiao was riding with her co-worker, Janet Wilkinson, from an employer-sponsored meeting when they were involved in an accident. Chiao suffered serious injuries and received Wilkinson's auto insurance policy limits of $15,000. She also received workers compensation benefits. Chiao was insured herself under an auto policy with underinsured motorists (UIM) coverage issued by Nationwide. She filed a claim with Nationwide for UIM benefits, but Nationwide filed an action seeking a declaratory judgment that Chiao was not due payment by law.