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Thompson v. Estate of Pannell8/15/2001
Argued and submitted April 24, 2000.
Affirmed.
In this declaratory judgment action, plaintiff appeals from a judgment on the pleadings in favor of defendant school district as to plaintiff's claim that she was entitled to uninsured motorist UM benefits under defendant's self-insurance for motor vehicle liability. Plaintiff also appeals from summary judgment for defendant as to plaintiff's claim for breach of an implied contract of accidental medical and dental insurance for school volunteers. We affirm.
Plaintiff's children attended school in defendant school district. In June 1995, plaintiff's daughter's class took a three-day school-sponsored trip to a camp on the Oregon coast. Plaintiff volunteered to act as a chaperone on the trip. At the request of school staff, plaintiff transported the students' luggage to and from the camp in her van. During the return trip, plaintiff's van was struck head-on by a vehicle driven by an uninsured motorist. The uninsured motorist was killed, and plaintiff was seriously injured.
At the time of plaintiff's accident, defendant was self-insured for liability, including liability arising out of motor vehicle accidents. It also carried excess liability insurance covering losses exceeding $1 million, up to a limit of $2 million. Although defendant's excess liability insurance policy included coverage for bodily injury and property damage arising out of automobile accidents, it did not include uninsured UM coverage.
Plaintiff recovered UM and personal injury protection (PIP) benefits under her own motor vehicle liability insurance policy. Because her medical expenses exceeded the amount recovered, plaintiff also sought additional benefits from defendant. Defendant denied coverage.
Plaintiff then brought this action, seeking a declaration that she was entitled to coverage under defendant's motor vehicle liability self-insurance. In that context, plaintiff alleged that she was engaged in defendant's business as a volunteer and as defendant's agent or bailee; that defendant had made representations to volunteers, including plaintiff, regarding insurance coverage for volunteers; that defendant was self-insured for motor vehicle liability pursuant to ORS 806.130; and that plaintiff was "within the class of persons" whom statutes relating to UM coverage were intended to benefit. Relying on defendant's "Guidebook for Volunteers"--stating, in part, that "volunteers are covered by accidental medical and accidental dental insurance while performing on site volunteer service"--plaintiff separately claimed that, in denying coverage, defendant breached an implied contract of accidental medical and dental insurance for school volunteers. In its answer, defendant admitted that it was self-insured for motor vehicle liability and admitted that it had denied coverage to plaintiff, but it denied plaintiff's other allegations. In addition, as an affirmative defense to plaintiff's claim for declaratory relief, defendant asserted that it was exempt from the Insurance Code pursuant to ORS 731.036(4) and (5) and ORS 30.282.
Defendant then moved for judgment on the pleadings as to plaintiff's claim for declaratory relief. Defendant argued that, as a matter of law, it was not subject to the Financial Responsibility Law, ORS 806.010 et seq., because a school district is not a "person" for the purpose of that statutory scheme. Defendant also argued that it was expressly exempted, under ORS 731.036, from the Insurance Code, including the UM-related provision in ORS chapter 742. Defendant argued that, even assuming that it was subject to the Financial Responsibility Law and was not exempt from Insurance Code requirements f
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