Armstrong, 092132 PAAGO, AGO 63

Case DateSeptember 21, 1932
CourtPennsylvania
Honorable Charles F. Armstrong
AGO 63
Opinion No. 63
Pennsylvania Attorney General Opinions
Opinions Of The Attorney General
September 21, 1932
         Insurance—Group accident policies insuring members of fireman's relief associations and fireman's companies—Workmen's Compensation Act.          The Insurance Commissioner may approve group accident policies insuring the members of volunteer fire companies and fireman's relief associations, even where the employer has compensation insurance, as such policies do not conflict with the workmen's compensation policy clause restricting recovery thereunder to the proportion the coverage thereof bears to the whole amount of valid and collectible insurance.          Department of Justice,          Honorable Charles F. Armstrong,          Insurance Commissioner,          Harrisburg, Pennsylvania.          Sir: You have requested the opinion of this department on the legality and advisability of approving group accident insurance policies insuring the members of firemen's relief associations and fire companies in the Commonwealth.          You express the fear that because The Workmen's Compensation Act imposes a duty upon various governmental subdivisions of the Commonwealth to provide for compensating volunteer firemen for personal injuries, it might be that a group accident policy, running in favor of the individual members of a volunteer fire company or relief association, would constitute such a duplication of insurance as would result in no increased benefits to the firemen, although additional premiums would be paid.          That the members of volunteer fire companies in the Commonwealth are employes in the sense in which that term is used in The "Workmen's Compensation Act of 1915 (Act of June 2, 1915, P. L. 736), is made clear by a supplement to that act approved May 14, 1925, P. L. 714, reading as follows:
"That in addition to those persons included within the definition of the word ' employe,' as defined in section one hundred and four of the act to which this is a supplement, there shall be included all members of volunteer fire companies of the various cities, boroughs, incorporated towns, and townships who shall be and are hereby declared to be 'employes' of such cities, boroughs, incorporated towns, townships for all the purposes of said act, and shall be entitled to receive compensation in case of injuries received while actually engaged as firemen or while going to or returning from
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