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Indiana Supreme Court Sides With Farmers in Workers' Comp Lawsuit

Posted on May 7th, 2010 No Comments

The Indiana Supreme Court has ruled that an insurance company was wrong in denying coverage to an injured employee of an independent contractor under a farm personal liability policy.

According to court documents, Indiana farmers Rick and Katrina Taylor held a farm personal liability policy issued by Everett Cash Mutual Insurance Company and filed for coverage of injuries sustained by an employee of an independent contractor that was hired to paint a house, grain bin, and barn on their property. The Taylors sued Everett Cash for breach of contract after the company denied the claim citing an exclusion for workers’ compensation in the liability policy.

The court explained the case in its decision saying “on July 1, 2005, the Taylors employed independent contractor Sherlock Contract Painting… While painting, Sherlock employee Christopher Collis sustained injuries when he was shocked by an electrical wire and fell from a ladder… Collis filed a workers’ compensation claim against Sherlock.”

The court denied Everett Cash’s request for a summary judgement.

If you or someone you love has been injured on the job, you may be entitled to compensation from your employer to help cover the costs of your losses. To learn more, contact the Raleigh workers’ compensation lawyers of Scudder & Hedrick, PLLC, at 919-851-3311.

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