Jones v. Indiana Farmers Mutual Insurance Co.

926 N.E.2d 116, 2010 Ind. App. LEXIS 757, 2010 WL 1790741
CourtIndiana Court of Appeals
DecidedMay 5, 2010
Docket93A02-0908-EX-812
StatusPublished
Cited by5 cases

This text of 926 N.E.2d 116 (Jones v. Indiana Farmers Mutual Insurance Co.) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jones v. Indiana Farmers Mutual Insurance Co., 926 N.E.2d 116, 2010 Ind. App. LEXIS 757, 2010 WL 1790741 (Ind. Ct. App. 2010).

Opinion

OPINION

BROWN, Judge.

Scott Jones appeals from an order of the Indiana Worker's Compensation Board ("Board") concluding that Indiana Farmers Mutual Insurance Company ("Indiana Farmers") did not provide coverage when Jones was injured because Indiana Farmers had cancelled its insurance policy. Jones raises two issues, which we consolidate and restate as whether the Board correctly interpreted Ind.Code § 22-3-5-5(c)(5) of the Worker's Compensation Act. We affirm.

The relevant facts follow. On or about June 3, 2005, Indiana Farmers issued its Workers Compensation and Employers Liability Policy No. 001-024-007545 (the "Policy") to Crawford Custom Homes, Inc. ("CCHI") as the named insured, with effective dates of coverage between June 3, 2005, and June 3, 2006. The Policy contained the following provision:

[Indiana Farmers] may cancel this policy. [Indiana Farmers] must mail or deliver to you not less than ten days advance written notice stating when the cancelation is to take effect. Mailing that notice to you at your mailing address shown in Item 1 of the Information Page will be sufficient to prove notice.

Appellee's Appendix at 34.

On or about August 5, 2005, Indiana Farmers mailed CCHI a premium invoice for $607.50 which indicated that the premium payment must be received by September 3, 2005. CCHI did not pay the premium by September 3, 2005. On September 6, 2005, Indiana Farmers mailed to CCHI a cancellation notice which indicated that unless the premium payment was received by September 18, 2005, the Policy "would cancel" on September 13, 2005. Id. at 45. CCHI did not pay the premium by September 13, 2005. On September 18, 2005, Indiana Farmers mailed to CCHI a final cancellation notice confirming that the Policy had been cancelled at 12:01 AM Standard Time on September 183, 2005, for nonpayment of premium. On either September 19, 2005 or September 22, 2005, the Board received notice from Indiana Farmers that the Policy had been cancelled. 1

On November 7, 2005, Jones was working at a residential home construction site for CCHI in Floyd County, Indiana, when he slipped and fell off of the roof, landing on a concrete slab, and allegedly injured his left knee and both upper extremities. On or about November 7, 2005, Jones filed an application for adjustment of claim. On December 9, 2005, Jones filed an application for adjustment of claim requesting a hearing.

*119 Upon receipt of Jones's application, CCHI requested that Indiana Farmers defend/indemnify it under the Policy against the claim. Indiana Farmers defended CCHI against the claim pursuant to a written reservation of rights under the Policy.

On November 13, 2006, Indiana Farmers filed a complaint for declaratory judgment in the Floyd Cireuit Court requesting in part that the court "declare that Indiana Farmers has no duty under the Policy to defend CCHI against the Work Comp Claim," and that "Indiana Farmers has no duty under the Policy to indemnify CCHI against the Work Comp Claim." Id. at 47.

On December 31, 2007, Jones filed a motion to join Indiana Farmers as a party defendant, which the Single Hearing Member later granted. On May 15, 2009, the parties filed their Joint Stipulations for Bifurcated Hearing, which presented the following issues to be decided: (1) "(whether the Indiana Worker's Compensation Board has exclusive jurisdiction to decide insurance coverage disputes in cases involving alleged work-related injuries;" and (2) "[wlhether [Indiana Farm-erg] termination by cancellation if [sic] its Worker's Compensation insurance policy covering the employees of [CCHI] is effective as to employees of the insured covered thereby." Appellant's Appendix at 60.

After a hearing, the Single Hearing Member concluded that Indiana Farmers did not insure Jones on the date of his accident. Specifically, the order of the Single Hearing Member stated:

FINDINGS OF FACT AND CONCLUSIONS OF LAW
1. Ind.Code 22-8-5-5(c)(5) reads as follows:
Any termination of this policy by cancellation shall not be effective as to employees of the insured covered hereby unless at least ten (10) days prior to the taking effect of such cancellation, a written notice giving the date upon which such termination is to become effective has been received by the Worker's Compensation Board of Indiana at its office in Indianapolis, Indiana.
This statute is intended to protect workers and employers by requiring advanced notice to the employer that its policy is going to be cancelled. This allows the employer time to secure alternate coverage and gives the Worker's Compensation Board the opportunity to insure that the employer complies with the provisions of the Act.
[Indiana Farmers] notice of cancellation issued on September 15, 2005 did not cancel the employer's policy as of September 13, 2005, as it purported to do.
3. However, the cancellation of the policy was effective ten (10) days after the Board received notice of the cancellation, on October 2, 2005.
Therefore, there was no coverage for [Jones's] accident on November 7, 2005 by Indiana Farmers.
The purpose of the statute is effectuated by running the cancellation ten (10) days from the date that the Board receives the notice because it allows the employer time to secure coverage and allows the Board an opportunity to insure that the employer purchases replacement coverage.
6. Furthermore, the hearing member finds the rationale in American Standard v. Rogers, 788 N.E.2d 873 (Ind.App.2003) and Krueger v. Hogan, 780 N.E.2d 1199 (Ind.App.2003) persua *120 sive in that the court found that even though the insurance carrier did not comply with a similar notice requirement, that requiring strict compliance with the statute would not fulfill the intent of the legislature or the purpose of the statute since the insured had ample time to extend coverage or procure another policy (twenty-two days and forty-seven days respectively) before the date of accident for which coverage was disputed.
7. Similarly, in the instant case the employer had ample time to secure or extend coverage for its employees after the notice was sent and received by the Board.
8. Although Indiana Farmers is not liable for [Jones's] injuries, this does not necessarily mean that [Jones] is left without a remedy. [Jones's] employer is still responsible for [Jones's] damages if the accident is deemed com-pensable under the Indiana Worker's Compensation Act.

Appellant's Appendix at 6-7. On July 29, 2009, the Board, by a four to three decision, adopted the Single Hearing Member's decision. 2

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Bluebook (online)
926 N.E.2d 116, 2010 Ind. App. LEXIS 757, 2010 WL 1790741, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-indiana-farmers-mutual-insurance-co-indctapp-2010.