Claim of Davis v. Block & Smith, Inc.

74 N.E.2d 220, 297 N.Y. 20, 1947 N.Y. LEXIS 907
CourtNew York Court of Appeals
DecidedJuly 2, 1947
StatusPublished
Cited by12 cases

This text of 74 N.E.2d 220 (Claim of Davis v. Block & Smith, Inc.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Claim of Davis v. Block & Smith, Inc., 74 N.E.2d 220, 297 N.Y. 20, 1947 N.Y. LEXIS 907 (N.Y. 1947).

Opinion

Conway, J.

The question presented for our determination on this" appeal by the insurance carrier only, the employer having failed to appeal, is whether the policy which is a standard New York workmen’s compensation policy covered the work at the location where claimant’s injury occurred.

*22 The claimant was employed by Block & Smith, Inc., as a handy man doing painting, repairing and plumbing work. The insurance policy provided for. the character of the work to be done and the locations at which that work was to be performed. At the time of his injury the claimant was not at any of the locations specified although he was engaged in work similar in character to that which he was hired to do. It was painting, general repairing and cleaning over a four-week period at the home of the president of the employing corporation, at 35-25 233d St., Bayside, L. I. The Workmen’s Compensation Board has found that at the timé of the accident claimant was “ doing work incidental to the employer’s business * * *, and was an employee of Block & Smith Inc., within the meaning of the Workmen’s Compensation Law.” There was evidence to support that finding since the employer filed reports of injury which asserted that fact and did not appeal from the decision of the board.

The policy provided in paragraph 6: “ This agreement shall apply to such injuries so sustained by reason of the business operations described in said Declarations which, for the purpose of this insurance, shall include all operations necessary, incident or appurtenant thereto, or connected therewith, whether such operations are conducted at the work places defined and described in said Declarations or elsewhere in connection with, or in relation to, such work places.”

Condition A ” of the policy provided: “ The premium is based upon the entire remuneration earned, during the Policy Period, by all employees of this Employer engaged in the business operations described in said Declarations together with all operations necessary, incident or appurtenant thereto, or connected therewith whether conducted at such workplaces or elsewhere in connection thereAvith or in relation thereto * *

The declarations of the policy contained the following items:

“ Item 3. Locations of all factories, shops, yards, buildings, premises or other workplaces of this Employer, by Town or City, with Street and Number 94-20 to 94-24 Northern Blvd. B/A 3301 to 3315 Junction Blvd. Corona L. I.

“ All business operations, including the operative management and superintendence thereof, conducted at or from the locations *23 and premises defined above as declared in each instance by a disclosure of estimated remuneration of employees under such of the following Divisions as are undertaken by this Employer. 1 All industrial operations upon the premises. 2 All office i'orces. 3 All repairs or alterations to premises. 4 Specially rated operations on the premises. 5 Operations not on the premises. * * 4

Item 5. This Employer is conducting no other business operations at this or any other location not herein disclosed — except as herein stated: no exceptions ” (italicized in policy).

The classification of operations was stated in the policy in part as: “ Buildings — (1ST. O. C.) — operation by owner or lessee — including care, custody and maintenance of premises * * V’

It is urged upon us that we should depart from ordinary rules of legal construction which necessitate the giving of a meaning to each word and clause in a contract and that we should disregard the designation of the two locations specified as those at which the work was to be done if the insurance contract was to be in force. It may be that the insurance company would have added to the contract the corporation president’s home address as one of the locations at which work might be performed, or, indeed, would have written in generally the words “ various locations ”, if so requested, without change of premium. We cannot, however, employ a special or unique rule of construction for insurance contracts. The employer here knew the classification of operations and the locations which it was seeking to cover by compensation insurance. The board has found that the claimant at the time of injury was the employee of the employer-corporation. He should, therefore, have been properly covered by workmen’s compensation insurance. Since he was not it is unfortunate that the employer may be guilty of a misdemeanor (Workmen’s Compensation Law, § 52) and, had claimant not elected to claim compensation, might have been well-nigh defenseless in an action by the claimant by reason of section 11 of the Workmen’s Compensation Law, since the claimant stepped into a hole in or near the porch of the home where he was working while carrying an extension ladder, but that was the fault of the employer, and he is not in a position to complain. .

*24 We have held in two prior cases, Matter of Pettit v. Reges (242 N. Y. 272) and Matter of Lent v. 850 Seventh Ave. Corp. (259 N. Y. 616) that, under similar circumstances, there was no insurance coverage. In the first of those cases the employer was ‘ ‘ engaged in the business of maintenance and operation, alteration and repair of buildings with an office and place of business located at 505 First Avenue, New York City.’ ” (P. 274.) The classification of operations was stated in the policy as “ Buildings — All employees engaged in care, custody and maintenance of premises * * * The declarations listed five specific addresses in Astoria, N. Y. the last of which was 275 Grand Avenue. Claimant was injured while excavating a cellar under a building at 306 Grand Avenue, Astoria ” which was not listed in the policy. We said (Hisoook, Ch. J.), p. 274: The specific claim is that the policy furnished insurance only against accidents to employees while they were engaged at work upon and in connection with certain premises described in the policy and among which the property in question was not included. We think that this claim is sustained and that the policy did not cover the accident in question.” After referring to those provisions of the policy which are the same as in paragraph 6 and condition A ” of the instant policy, quoted, {supra), we said (p., 275):

“ When in accordance with these provisions we turn to the provisions of the declarations ’ which are made a part of the policy it seems to us that they clearly indicate that the policy was intended to furnish insurance for operations upon and in connection .with certain enumerated premises and was not intended, as claimed by respondent, to' furnish insurance for the general business of altering, removing or repairing buildings wherever they might be situated. * * * There is then the provision which reads as follows: ‘ Locations of all factories, shops, yards, buildings, premises or other work places of this: employer by town or city with street and number, 505 First Avenue, 504 Second Ayanue, 273 Academy Street, 411-413 Webster Avenue and 275 Grand Avenue, Astoria, N. Y.’ And again;

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Bluebook (online)
74 N.E.2d 220, 297 N.Y. 20, 1947 N.Y. LEXIS 907, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-davis-v-block-smith-inc-ny-1947.