Bus driver’s injuries not covered under school employee health plan

To access case, press here

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.

About Bose McKinney & Evans LLP

Bose McKinney & Evans LLP is a business law firm, headquartered in Indianapolis, Indiana, serving both publicly held and privately held businesses, governmental entities and high-growth industries. Our clients include Fortune 100 companies, international manufacturers, national and regional financial institutions, agribusinesses, sports teams, university-incubated start-ups, media, utilities, cities and schools, to name a few. We strive to build strong relationships with our clients as key business advisors, to exceed expectations in the quality of our work, to be knowledgeable about our clients’ businesses and sectors, to be responsive to service needs and to continually seek to improve the delivery of client services. Our ultimate focus is on our clients.
This entry was posted in Uncategorized. Bookmark the permalink.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s