Van Zant v. State Ins. Fund

• Decision Date: 03 October 1950
• Docket Number: No. 33845,33845
• Citation: 203 Okla. 421,223 P.2d 111
• Parties: VAN ZANT v. STATE INSURANCE FUND et al.
• Court: Oklahoma Supreme Court

Page 111

223 P.2d 111

203 Okla. 421

VAN ZANT v. STATE INSURANCE FUND et al.

No. 33845.

Supreme Court of Oklahoma.

Oct. 3, 1950.

Syllabus by the Court

1. Rules of construction and interpretation are available to remove uncertainty concerning the meaning of a contract when ambiguity exists, but if the language is clear and explicit, it governs in determining the intent of the parties, in the absence of fraud, accident or absurdity.

2. Under an insurance contract issued by the State Insurance Fund to a county as an employer under the Workmen's Compensation Law and indemnifying the county against loss by reason of liability imposed against county for injuries or death of employee, the State Insurance Fund was not liable for death of employee where there was no liability of county.

3. Plaintiff's petition and attached exhibits examined, and held not to state a cause of action.

Paul L. Myrick, Leon J. York, Stillwater, Walter Mathews, Cushing, for plaintiff in error.

Mont R. Powell, Anthony R. Kane, Oklahoma City, for State Insurance Fund.

Chilton Swank, Stillwater, for Board of County Com'rs of Payne County.

JOHNSON, Justice.

This is an appeal from a judgment sustaining a general demurrer to the second amended petition. The petition alleged in substance that the plaintiff was the widow of George Walter Van Zant who was accidentally killed May 22, 1947, arising out of and in the course of his employment while operating a defective road grader for Payne County, Oklahoma, such accidental death being the result of the negligence and failure of the county to furnish a safe appliance for deceased to work with; that at the time of the death of deceased there was in force a policy issued to said county by the State Insurance Fund insuring such loss. A copy of the policy was attached to the petition and made a part thereof, the pertinent parts of said policy reading as follows:

'One (a) To Pay Promptly to any person entitled thereto, under the provisions of the Oklahoma Workmen's Compensation Law, same being Chapter 56, Compiled Statutes of Oklahoma, 1921 [85 O.S.1941 § 1 et seq.], and all laws supplementary thereto or amendatory thereof which may be or become effective while this Policy is in force, and in the manner therein provided, the entire amount of any sum due and all installments thereof as they become due, * * *

'One (b) To Indemnify this Employer, subject to the limits of liability expressed herein, against loss by reason of the liability imposed upon him by law for damages on account of such injuries to such of said employees as are legally employed. The limit of the Fund's liability under this paragraph for all damages, including damages for care and loss of services, arising out of accidental personal injuries to or death of each person in each accident is Five Thousand Dollars ($5,000.00). These obligations are limited to the liability imposed by law upon the Employer for negligence but specifically exclude any liability on account of occupational disease as well as any liability assumed by the Employer under any contract entered into with any other person, association or organization. * * *

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'D. The obligations of Paragraph One (a) foregoing are hereby declared to be the direct obligations and promises of the Fund to any injured employee covered hereby, or, in the event of his death, to his dependents; and to each such employee or such dependent, the Fund is hereby made directly and primarily liable under said obligations and promises, except that the liability of the Fund to any employee of this Employer shall be no greater than the liability of this Employer to said employee, and in the event any claim or proceeding is brought against the Fund alone or jointly with this Employer, the Fund shall be entitled to the same defense and shall have no greater liability than this Employer would have if such claim or proceeding had been brought against Employer alone. If the Workmen's Compensation Law provides for the enforcement of the rights of such employees or such dependents by any Commission, Board or other state agency for the benefit of such employees or such dependents, then the provisions of such law are made a part hereof, as respects any matter subject thereto, as fully as if written herein. The obligations and promises of the Fund as set forth in this paragraph shall not be affected by the failure of this Employer to do or refrain from doing any act required by the Policy. * * *'

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'G. No action shall lie against the Fund to recover upon any claim or for any loss under Paragraph One (...