Accident Fund Ins. Co. of America v. Custom Mechanical Construction, Inc.

Dist. Ct. did not err in granting plaintiff-insurance company’s motion for summary judgment in plaintiff’s action seeking declaration that its policy issued to defendant-insured for coverage on workers’ compensation claims did not cover work-related injuries sustained by one of defendant’s employees at job site located in Kentucky, where policy provided coverage for injuries at work sites located in Indiana, as well as other states subject to certain notice requirements. Defendant did not inform plaintiff that it was performing work in Kentucky at any time prior to date of employee’s accident, and terms of policy required that defendant notify plaintiff prior to employee’s accident that it performed work in Kentucky or notify plaintiff that it had work in Kentucky within thirty days after policy had gone into effect. Ct. rejected defendant’s argument that notice of its work in Kentucky was not required under terms of policy. Fact that insurance broker who facilitated purchase of policy was aware that defendant had performed work in Kentucky did not require different result, where broker was not agent of plaintiff.