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Roads West12/19/2003
rting machinery," but provided if the employer engaged in business other than those described and rated, then the employer would pay the premium on the other operations as prescribed in the manual. The court held the policy covered an employee killed while crop dusting, stating " nder these provisions the [insurer] could have protected itself as to the premium due it for coverage of the pilot." Id.
The insurance contract between Regency and TTC did not provide that the work classifications defined the covered risk. To the contrary, the extension schedule itself provided the entries in the classification of operations table did not modify any of the other provisions of the policy. The policy stated the covered risk was "the benefits required of you by the workers compensation law." It expressly recognized the classifications were subject to audit and revision based on TTC's "actual exposures." Accordingly, we conclude the policy did not limit its coverage to Illinois clerical workers, but covered all of TTC's enrolled employees, including Claimant.
The Regency policy stated its effective period was from February 1, 2001 to August 1, 2001. TTC made three premium payments of $1,800,000.00 each. In June 2001, Regency attempted to terminate the policy for nonpayment of premium, but failed to give notice to the administrator of the Oklahoma Workers' Compensation Court as required by 85 O.S.2001 ยง64(G). Regency argues it cannot be required to give notice of cancellation of coverage it did not know existed. However, the policy itself states it covers all TTC's workplaces in any state of the United States and the District of Columbia unless TTC has other insurance or is self-insured in those workplaces. Therefore, Regency agreed to cover TTC's operations in Oklahoma. Regency also argues TTC cancelled the contract when it obtained replacement coverage from CNA, relieving Regency of liability even if it failed to file notice of termination. As discussed in Part II above, CNA's liability is for excess coverage only. Therefore, any coverage provided CNA does not replace coverage provided by Regency. Regency is liable for workers' compensation benefits to TTC's enrolled Oklahoma employees pursuant to its policy. The trial court erred as a matter of law in finding Regency's coverage was limited to clerical workers in Illinois and in dismissing Regency as a party.
IV.
Employer's eighth contention of error is its due process rights were denied by the trial court's failure to continue the trial. Employer does not assert it requested a continuance and it provides no record citation showing it sought such relief. We will not consider questions not presented to and passed upon by the trial court. Von Stilli v. Young, 1950 OK 137, 203 Okla. 86, 219 P.2d 224, 228.
V.
Employer's ninth contention is the trial court erred in not granting relief for CNA's and Regency's failure to comply with discovery. The trial court may exercise its discretion in imposing sanctions for failure to comply with discovery orders. Skinner v. John Deere Ins. Co., 2000 OK 18, 998 P.2d 1219, 1224. By questioning counsel at trial, the trial court determined the discovery it ordered had eventually been accomplished, although not within the ordered time frame. It refused to strike the defenses of CNA and Regency, but reserved the issue of taxing costs for a noticed deposition for which CNA failed to appear. We find no abuse of discretion in the trial court's action.
VI.
Employer's tenth, eleventh, and twelfth contentions of error relate to the trial court's findings regarding the status of Employer and TTC as Claimant's employer. Employer contends (1) it
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