Retro Games (RG) based in Nevada, manufactures gaming equipment. On January 1, 2019, RG began to aggressively
Question:
Retro Games (RG) based in Nevada, manufactures gaming equipment. On January 1, 2019, RG began to aggressively expand its remote sales force, which included hiring Tom in Ohio to sell in that state. On January 10, 2019, Tom was driving to a sales call when he was injured in an auto accident. He required hospitalization and weeks of rehabilitation before being able to return to work. Tom chose to file for workers compensation benefits under the Ohio Statute.
RG is named under a Workers Compensation and Employers Liability Policy with an effective date of January 1, 2019. At the time, Nevada was the only state listed in item 3.A of RG’s Information Page. RG’s insurer is licensed to write workers compensation in all states except those with monopolistic state funds. Item 3.C on the Information Page of RG’s policy reads: “All except those listed in Item 3.A and ND, OH, WA and WY.” ND, OH, WA and WY have monopolistic state funds. RG did not notify its insurer that it had begun hiring a remote sales force until Steve had his accident on January 10, 2019.
- Does the Information Page for RGs policy generally support coverage for Steve’s accident not considering the state where he may file the claim?
- Does the policy support coverage for Tom’s accident if he chooses to file for benefits under the Ohio Statute?
- Does the policy support coverage for Tom's accident if he chooses to file for benefits under the Nevada Statute?
- If RG has an Auto Business Coverage Form, is there coverage for Tom’s accident? Which coverages if any would apply? What auto designation symbol would RG need to have under the Auto Business Coverage Form?