Friday, April 6, 2018

Carrier failed to comply with rules to revoke coverage

Sergey Chudnovtsev v BSI Construction, St. Louis Brick
ALJ Boresi
dec. 3/30/2018


Claimant sustained an injury when he fell down some steps resulting in multiple orthopedic injuries.  The issue in the case was whether St. Louis Brick, a subcontractor, had  effective insurance coverage at the time of the loss.

The ALJ found Travelers failed to establish effective and timely cancellation of coverage. The ALJ found attempts to revoke coverage were equivocal, internally contradictory and conditional and distinguished cases which indicated coverage "would be" canceled and notices that coverage "is" cancelled.   The ALJ found the filing of a cancellation of policy notice (form 75) was ministerial in nature and not dispositive.