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National Council on Compensation Ins. Inc. v. Strickland

Evidence that administrator of Georgia's workers' compensation assigned risk plan changed plaintiff's insurance application without informing him raised a jury issue on whether the administrator acted in a fiduciary capacity.

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The National Council on Compensation Insurance, Inc., defendant-appellant “NCCI”, serves as the “Administrator” of the Georgia Workers’ Compensation Assigned Risk Insurance Plan under contract with the Georgia Insurance Commissioner. See OCGA § 34-9-133; Rules and Regulations of the State of Georgia § 120-2-38. As Administrator, NCCI receives and reviews applications for eligibility to the Assigned Risk Pool and for completeness, which is the extent of its duties and powers. Rules and Regs. of the State of Ga. § 120-2-38-.09 4.

In June of 1995, Albert Strickland, plaintiff-appellee, sought workers’ compensation coverage for himself and his company, Allstar Concrete, from Matrix Insurance Agency, defendant “Matrix”, and Otis Jones, defendant. Jones was an insurance agent at Matrix. Plaintiff told Jones that he wanted workers’ comp. coverage for himself and his business. Jones told the plaintiff that there would be a higher premium amount for his inclusion in coverage, which plaintiff agreed to pay. Jones took the information verbally from the plaintiff and filled out the application for workers’ comp. insurance, which plaintiff signed. The application plainly stated that plaintiff was included within the coverage requested.

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