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JONES v. INDIANA FARMERS MUTUAL INSURANCE COMPANY Leagle.com

JONES v. INDIANA FARMERS MUTUAL INSURANCE COMPANY

SCOTT JONES, Appellant-Plaintiff,
v.
INDIANA FARMERS MUTUAL INSURANCE COMPANY, and CRAWFORD CUSTOM HOMES, Appellees-Defendants.

No. 93A02-0908-EX-812.

Court of Appeals of Indiana.

May 5, 2010.

PAUL A. BRIZENDINE Brizendine Law Office, LLC, Floyds Knobs, Indiana, ATTORNEY FOR APPELLANT.

MARK R. SMITH, Smith Fisher Maas & Howard, P.C. Indianapolis, Indiana, ATTORNEY FOR APPELLEES

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:

Workmen’s Auto Insurance Company Does Not Credit Score

LOS ANGELES - (Business Wire) In response to Florida Chief Financial Officer Alex Sink’s March 19, 2009 press conference opposing the use of credit scoring in automobile insurance, Workmen’s Auto Insurance Company is reminding its Florida policyholders and agents that it has never used an individual’s credit when considering their eligibility or determining their insurance premium.

“Your credit is your business, not ours,” stated President and CEO Nicholas J. Lannutti. “Given the current state of the economy we would like to reassure our policyholders that the price they pay for insurance with Workmen’s Auto is - and will continue to be – based on factors such as their driving record, where they live and the coverages they desire, and not on their credit score.”

Workmen’s Auto Insurance Company has written automobile insurance in Florida for the past 15 years, working closely with local Florida independent agencies to provide coverage tailored to the specific needs of each policyholder. The company writes coverage ranging from the basic minimum to full coverage for families with multiple drivers and higher value vehicles, offering a wide variety of discounts that reward safe driving, driver education, and owning vehicles equipped with certain safety equipment, without the use of credit scoring.

Workmen’s Auto has been in business since 1949 and is active in 10 states, from Washington to Florida. During these difficult economic times, having dependably priced auto insurance from a strong and secure insurance company is necessary to protect yourself and those around you. Local independent insurance agents are a great resource to help consumers find stable insurance solutions that are not dependent on your credit.

Workmen’s Auto Insurance Company
John Crispi
Phone: 213-747-6492
Fax: 213-747-4699
marketing@waic.com
http://www.waic.com

source

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