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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. Please I need help with my class action lawsuits, im currently in pro-se and im having hard time findiNG A LAWYER TO ASSIST ME

  2. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

  3. Both sites mentioned in the article appear to be nonfunctional to date (March 28, 2017). http://indianalegalanswers.org/ returns a message stating the "server is taking too long to respond" and http://www.abafreelegalasnswers.org/ "can't find the server". Although this does not surprise me, it is disheartening to know that access to the judicial branch of government remains out of reach for too many citizens (for procedural rather than meritorious reasons) of Indiana. Any updates regarding this story?

  4. I've been denied I appeal court date took a year my court date was Nov 9,2016 and have not received a answer yet

  5. Warsaw indiana dcs lying on our case. We already proved that in our first and most recent court appearance i need people to contact me who have evidence of dcs malpractice please email or facebook nathaniel hollett thank you

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