State Accident Insurance Fund Corp. v. Harrington
State Accident Insurance Fund Corp. v. Harrington
Opinion of the Court
The issue in this workers’ compensation case is whether the Leonettis, doing business as Dip N Donut Restaurant are noncomplying employers. The referee held that SAIF was the insurer and consequently that the Leonettis were complying employers. The Workers’ Compensation Board adopted the referee’s opinion.
The facts underlying the issue are not disputed. Frank Leonetti owned and operated a business as a sole proprietor known as Leonetti Food Service. Commencing June 15,1979, that business entered into an agreement with SAIF for workers’ compensation coverage. SAIF filed a guaranty contract, SAIF No. 398084, with the Workers’ Compensation Department pursuant to ORS 656.419. Subsequently, the Leonettis jointly purchased the Dip N Donut Restaurant. In March, 1980, the Leonettis contacted SAIF regarding coverage for the restaurant. SAIF sent an application and advised them that the restaurant business could be added to the existing policy covering the food service business if the ownership was identical, i.e., a sole proprietorship of Frank Leonetti. SAIF explained that, if the restaurant business was under different ownership, a new policy would have to be issued with additional fees.
There followed a series of telephone conferences between SAIF employes and the Leonettis or their employes regarding an appropriate application for coverage of the restaurant business. No proper application was received, and no fee was paid for coverage of the restaurant business. However, in late March, 1980, during the time that the discussions were going on, SAIF filed a guaranty contract with the Department to provide coverage for the Dip N Donut Restaurant. The contract listed the business as a partnership and included the same SAIF number as the guaranty contract for the food service business. SAIF asserted that the guaranty contract was filed due to a clerical error. The Department sent the Leonettis a letter notifying them that a guaranty contract for the restaurant had been filed and included a notice of compliance for the restaurant business.
On May 31,1980, SAIF sent a notice of termination of coverage of the food service business to Frank Leonetti because the required renewal fee had not been paid. The notice
An employe of the Dip N Donut Restaurant was injured on July 28,1980. She filed a claim that was ultimately denied by SAIF on the ground that SAIF did not provide coverage for the restaurant employes. SAIF requested that the Department designate the restaurant as a noncomplying employer and process the claim under ORS 656.576 et seq. When the Department declined that request, SAIF requested a hearing on the status of the restaurant business and appeals the adverse ruling.
Although SAIF made a number of contentions at the hearing, it advances only one argument in this appeal. SAIF contends that it entered into a single contract of insurance to cover Frank Leonetti as a sole proprietor of Leonetti Food Service and the Dip N Donut Restaurant. The guaranty contracts separately filed were under the same policy number. It argues that the termination of that single policy prior to the employe’s injury clearly shows there was no coverage for the claim. In essence, SAIF argues that it cancelled the policy number 398084 and not just the guaranty contract relating to the food service business.
ORS 656.419, relating to guaranty contracts, sets forth what they must contain including an agreement by the insurer to pay all compensation imposed on the employer designated. That statute provides in part:
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“(5) Coverage of an employer under a guaranty contract continues until canceled or terminated as provided by ORS 656.423 or 656.427.”
Pursuant to ORS 656.427, to terminate coverage an insurer must notify the employer and the Department.
SAIF filed two separate guaranty contracts; one covering Leonetti Food Service as a sole proprietorship and one
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.