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Mikel A. Schilling appeals the trial court’s grant of summary judgment to the Huntington County Community School Corporation (“Huntington”), the Huntington County Community School Corporation Employee Benefit Trust, and American Health Care Partnership, Inc. (“AHCP”) (collectively, “the School”). Schilling raises two issues for our review, which we restate as whether the trial court properly determined that the School’s Employee Health Plan (“the Health Plan”) is unambiguous and operates to exclude Schilling from recovering for injuries sustained in a farm-related accident.
Conclusion (slip op. at 10-11): The trial court properly granted summary judgment to the School. Affirmed.
Key Analysis (slip op. at 9-10): Exclusion 33 plainly informed Schilling that the Health Plan would not cover injuries coverable by worker’ s compensation, regardless of whether worker’s compensation coverage has been purchased . . . If Schilling’s farm-related activities would have been covered by the Worker’s Compensation Act, even though procuring that coverage required multiple affirmative steps, he was required to take all the steps necessary to “purchase” that coverage if he wished to be insured. That he did not exercise his option to be covered does not affect the meaning of Exclusion 33.