On April 18, 2001 d ecedent L inda Jaskoloka, an em ployee of Tobyhanna Township Department of Public works, was working on the highway clearing brush alongside the road and loading it into her truck. See Police Report, Defendant’s Exhib. B. She sustained fatal injuries when a driver, Matthew Ferrell, struck her and crushed her between his automobile and the back o f the dump truck she was using . Id.; Compl. ¶ 5; Answer ¶ 4.
Defendant Jaskoloka, administratrix, made a claim upon Plaintiff Selective to recover underinsured motorist benef its pursuant to a township insurance policy worth $1,000 ,000.00. Compl. ¶¶ 9, 11. Defendant had previously recovered $15,000 from the tortfeasor. Compl. ¶¶ 7-8. It is undisputed that decedent was in the course and scope of employment when killed. Compl. ¶ 5; Answer ¶ 4. Defendant, however, further contends that decedent was an “occupant” of the township’s dump truck, as the term has been defined by the courts of this Commonwealth, when killed. Answer ¶ 4. As such, defendant contends that decedent was covered under the township’s in surance policy.