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Roads West12/19/2003
t is conclusively presumed to be for the benefit of the injured worker. Id.
The record in the instant case shows CNA and TTC never had a meeting of minds on an insurance contract. However, the undisputed evidence shows CNA's binder included Oklahoma in its listing of states of coverage, and CNA issued a certificate of insurance to Oklahoma. Claimant was an enrolled employee for whom TTC was responsible for providing workers' compensation insurance coverage. TTC paid a premium to CNA to cover its enrolled Oklahoma employees. Therefore, the trial court erred in ruling the payment of premium to CNA did not effect estoppel within Oklahoma. CNA is estopped from denying coverage to any employee injured during the period for which it accepted premiums.
Claimant was injured on July 9, 2001. CNA accepted a premium for excess insurance coverage for the period May 24, 2001, to May 24, 2002, but rescinded the policy, notifying the Oklahoma Workers' Compensation Court of the rescission on July 5, 2001. Pursuant to 85 O.S.2001 ยง64(G), a workers' compensation insurance policy may not be cancelled until ten days after notice to the court administrator. Therefore, the effective date of CNA's rescission was July 15, 2001. Because Claimant's injury occurred after the payment of premium for the policy and before the effective date of its rescission, the policy is conclusively presumed to be for Claimant's benefit.
CNA, therefore, is liable for the insurance coverage for which the premium was paid, as stated in the binder, to-wit, excess workers' compensation and employer liability, with the insured's retention set at $1,000,000.00 per occurrence for workers' compensation claims. The trial court erred as a matter of law in dismissing CNA with prejudice. CNA must remain a party in this matter, but will have no liability unless Claimant's workers' compensation benefits exceed $1,000,000.00.
III.
Employer's sixth and seventh contentions of error challenge the trial court's findings that the insurance provided to TTC by Regency was limited to clerical workers in Illinois and that no evidence was presented Regency was ever paid premiums for Oklahoma employees. Employer argues Regency's policy stated it applied to all states. It argues TTC paid premiums to Regency based on Claimant's wages, and Regency never gave notice to the court regarding cancellation.
An insurer's liability to its insured is defined by the insurance contract. Tulsa Junior College v. Urban Design Group, Inc., 2000 OK CIV APP 55, , 10 P.3d 233. If the terms of the contract are unambiguous, clear, and consistent, they are to be accepted in their ordinary sense and enforced to carry out the expressed intention of the parties. Phillips v. Estate of Greenfield, 1993 OK 110, , 859 P.2d 1101. However, an insurance contract is a contract of adhesion because of the uneven bargaining position of the parties. Therefore, when there are ambiguities in the policy provisions, words of inclusion are liberally applied in favor of the insured and words of exclusion are strictly construed against the insurer. Max True Plastering Co. v. U.S. Fidelity and Guar. Co.,1996 OK 28, 912 P.2d 861, 864-865. The interpretation of an insurance contract and whether it is ambiguous is determined by the court as a matter of law. Id. at 869.
The insurance contract between TTC and Regency comprised an "Information Page," with two extension schedules, and the policy itself, with a general section and six parts. The general section defined the insured as the employer named in Item 1 of the Information Page, and stated, "This policy covers all of your workplaces listed in Items 1 or 4 of the Information Page
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