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Roads West12/19/2003
; and it covers all other workplaces in item 3.A. states unless you have other insurance or are self-insured for such workplaces." Item 1 listed as the insured T.T.C. Illinois, Inc., at its Kankakee, Illinois address, and stated, "All usual workplaces of the insured at or from which operations covered by this policy are conducted are located at the address other wise herein: As per submitted schedule." The attached schedule again listed the Kankakee, Illinois address. However, Item 3.A. of the Information Page provided, "Part One of the policy applies to the Workers Compensation Law of the states listed here: All states or as approved by law." The general section defined "state" as any state of the United States of America and the District of Columbia.
Part One of the policy related to workers' compensation insurance. It provided, "We will pay promptly when due the benefits required of you by the workers compensation law." Part Five related to the premium for the policy, and provided the premium "will be determined by our manuals of rules, rates, rating plans and classifications." It also provided as follows:
B. Classifications Item 4 of the Information Page shows the rate and premium basis for certain business or work classifications. These classifications were assigned based on an estimate of the exposures you would have during the policy period. If your actual exposures are not properly described by those classifications, we will assign proper classifications, rates and premium basis by endorsement to this policy.
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E. Final Premium The premium shown on the Information Page, schedules, and endorsements is an estimate. The final premium will be determined after this policy ends by using the actual, not the estimated, premium basis and the proper classifications and rates that lawfully apply to the business and work covered by this policy....
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G. Audit You will let us examine and audit all your records that relate to this policy.... Information developed by audit will be used to determine final premium.
Item 4 of the information page stated the total estimated annual premium was $27,600,000.00, and referenced the extension schedule "for detailed premiums information." The extension schedule contained a table for the calculation of premium. Under the column heading for "Classification of Operations" was the caveat, "Entries in this item, except as specifically provided elsewhere in this policy, do not modify any of the other provisions of this policy." The only entry in the column was "LOCATION 001 - ILLINOIS CLERICAL." The estimated annual premium based on that employee classification was $28,000,000.00.
Courts of other states have interpreted similarly structured workers' compensation policies in determining whether the classification of operations specified in the policy limit the coverage of the policy. In Thompson v. Harold Thompson Trucking, 12 Kan.App.2d 449, 748 P.2d 430, 435 (1988), the Court concluded any limitation on the scope of coverage by the listed classification of operations would conflict with the coverage provision stating the insurer would "pay promptly when due all compensation and other benefits required of the insured by the workmen's compensation law." It adopted the construction most favorable to the insured and held the claimant was covered under the policy even though his job was not listed in the classification of operations.
In Maryland Cas. Co. v. Sullivan, 160 Tex. 592, 597, 334 S.W.2d 783, 787 (1960), the workers' compensation insurance policy classified the employees of an agricultural chemical business as "Seed Merchants-including operating of seed so
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