Insurance: Coverage


Stokes v. Golden Triangle, Inc., 2015 MT 199, 380 Mont. 93, 353 P.3d 500 An employer is covered by a valid workers’ compensation insurance policy if the policy inadvertently fails to name the employer as one of the entities it insured.  Here, both the insurer and the employer agree the employer was covered under the policy; the policy used the employer’s payroll to calculate the premium; the application included the employer’s information, including its FEIN; the associated documents, including the insurance binder, named the employer as a covered insured; the premiums remained unchanged after the insurer corrected the policy endorsement to name the employer among the insured; the failure to name the employer in the policy was inadvertent; and the insurer paid, and the claimant accepted, workers’ compensation benefits under the policy in the claimant’s employer’s name.


Spurlock v. State Fund [7/15/03] 2003 MTWCC 49 Where a sole proprietor has expressly opted not to cover himself or herself, and has not reported his or her wages for premium purposes, that proprietor is not entitled to workers' compensation benefits under a policy maintained for the proprietor's business.