Stephany A. Connelly v. The Main Street America Group

Syllabus

The Court reverses the decision of the court of appeals, finding the phrase \legally entitled to recover\ in the uninsured motorist (UM) statute is unambiguous and requires an injured plaintiff to first secure a judgment against the at-fault driver before filing for UM benefits. Due to the tort immunity afforded employers and co-employees by the Workers' Compensation Act, the plaintiff here will never be legally entitled to recover against the at-fault driver (her co-employee), and, therefore, she is not entitled to UM benefits.