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Judges differ on insurance coverage

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A panel of Indiana Court of Appeals judges disagreed about whether a school bus driver who also worked as an independent farmer over the summer should be covered by the school corporation's insurance following a car accident while hauling grain. Judge Melissa May, dissenting from the majority's affirmation of the denial of coverage for the bus driver's accident, worried the majority's interpretation of Exclusion 33 in his insurance policy would require any school employee who may be eligible for workers' compensation coverage to buy it or risk losing insurance benefits provided by the school corporation's health plan.

In Mikel A. Schilling v. Huntington County Community School Corp., et al., No. 35A02-0803-CV-191, Huntington County Community School Corp., Huntington County Community School Corporation Employee Benefit Trust, and American Health Care Partnership Inc., were awarded summary judgment on Mikel Schilling's claims that his health plan pay for his injuries from the accident. Judges Edward Najam and Margret Robb interpreted Exclusion 33 of Schilling's plan through the school corporation to exclude coverage of injuries that would be covered by Indiana's Workers' Compensation Act, regardless of whether workers' compensation was actually obtained by the insured.

Schilling, as an independent farmer, didn't purchase workers' compensation and argued the exclusion needed to state affirmative steps he had to take to purchase the coverage. The majority disagreed, finding the exclusion plainly informed Schilling the plan wouldn't cover injuries coverable by workers' compensation, regardless of whether it had been purchased, wrote Judge Najam.

In Judge May's dissent, she wrote the exclusion implies the purchaser of the workers' compensation would be a school employee, but most aren't self-employed in addition to their school employment. Surely a policy meant to cover a typical school system employee wouldn't exclude coverage just because that typical employee hadn't bought workers' compensation coverage, Judge May wrote. As such, she declined to interpret the exclusion to presume an employee would lose health coverage for any injury covered by workers' compensation that the employee might have been able to buy. Judge May would reverse summary judgment in favor of the school corporation and remand.

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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