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Thompson v. Estate of Pannell8/15/2001
ND UNDER THE DIRECT SUPERVISION OF THE POLICYHOLDER." Also by its terms, defendant's excess liability policy lacked any provision relating to accidental medical or dental coverage for volunteers. Defendant also submitted the affidavit of its insurance claims specialist in which she averred that, until September 1992, the reference in the "Guidebook for Volunteers" to "Accidental Medical and Dental Insurance Coverage for Volunteers" meant the policy issued by The Hartford; that, after that date, defendant elected to become self-insured for that risk to the same dollar limit of coverage; and that defendant had never paid, and lacked discretion to pay, an amount in excess of that limit on a "no-fault" claim by a volunteer.
In opposition to defendant's motion, plaintiff submitted a document captioned "PORTLAND PUBLIC SCHOOL DISTRICT" and listing 12 "CLAIMS" by persons categorized as "OCCUPATION = VOLUNTEERS." One entry on the list indicated that the amount paid was $12,726.98. Plaintiff also submitted a 1977 Portland Public School District document captioned "POLICY ON LIABILITY CLAIMS HANDLING" and related deposition testimony of defendant's risk manager and defendant's claims specialist that, according to plaintiff, raised a question of fact as to whether the purported $5,000 limit represented an absolute limit on coverage or, instead, merely a limit on discretionary payments by defendant's risk manager. Finally, plaintiff argued that the policy issued by The Hartford had expired and that the "Guidebook for Volunteers" (submitted by defendant as an attachment to defendant's claims specialist's affidavit) lacked any express coverage limit.
We conclude that, even viewing the stated facts and all reasonable inferences in the light most favorable to plaintiff, there was no disputed issue of material fact in regard to the coverage limit of the accidental medical and dental insurance for volunteers referred to in defendant's "Guidebook for Volunteers." In particular, it was undisputed that defendant's expired policy for that purpose, issued by The Hartford, was limited to $5,000 in coverage. In addition, defendant's insurance claims specialist averred that defendant's self-insurance for accidental medical and dental expenses incurred by volunteers also was limited to $5,000. Finally, the record indicates that defendant's excess liability policy lacked any coverage for accidental medical and dental expenses incurred by volunteers. Although plaintiff submitted evidence purporting to show that defendant had paid a volunteer claim in an amount in excess of $5,000 and evidence purporting to show that the asserted $5,000 limit pertained only to amounts payable within the discretion of defendant's risk manager, the evidence failed to demonstrate that the described claim or the described payment policy related to accidental medical or dental expenses, as opposed to some other type of expense or basis of coverage. None of plaintiff's evidentiary submissions showed that defendant had ever insured, or agreed to insure, volunteers against accidental medical and dental expenses in an amount exceeding $5,000. On this record, no reasonable factfinder could so find. The trial court did not err in granting defendant's motion for summary judgment as to plaintiff's implied contract claim.
Affirmed.
ARMSTRONG, J., concurring.
I concur in the majority's decision to affirm the trial court judgment. I write separately, however, because I cannot join in the majority's decision to decide this case on the basis of a statute that does not apply to it.
The majority resolves whether plaintiff can recover uninsured motorist benefits from defendant by applying ORS 806.130 to her c
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