Claim of Otterbein v. Babor & Comeau Co.

Appellate Division of the Supreme Court of New York

Claim of Otterbein v. Babor & Comeau Co.

248 A.D. 651

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 15, 1936

StatusPublished

This text of 248 A.D. 651 (Claim of Otterbein v. Babor & Comeau Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Claim of Otterbein v. Babor & Comeau Co., 248 A.D. 651 (N.Y. Ct. App. 1936).

Pincite

Opinion

This is an appeal by the employer, and by the Glens Falls Indemnity Company, from an award by the State Industrial Board. The carrier contends that another insurance company, the Massachusetts Bonding Company, should be ordered to be jointly liable to pay said award. This is the only contention before the court. The employer had returned the policy of insurance of the Massachusetts Bonding Company before the accident occurred. It was not a cancellation. Subdivision 5 of section 54 of the Workmen’s Compensation Law did not apply to the policy of the Massachusetts Bonding Company returned by the assured. Award affirmed, with costs to the State Industrial Board. Hill, P. J., MeNamee, Crapser and Bliss, JJ., concur; Rhodes, J., dissents.

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This is an appeal by the employer, and by the Glens Falls Indemnity Company, from an award by the State Industrial Board. The carrier contends that another insurance company, the Massachusetts Bonding Company, should be ordered to be jointly liable to pay said award. This is the only contention before the court. The employer had returned the policy of insurance of the Massachusetts Bonding Company before the accident occurred. It was not a cancellation. Subdivision 5 of section 54 of the Workmen’s Compensation Law did not apply to the policy of the Massachusetts Bonding Company returned by the assured. Award affirmed, with costs to the State Industrial Board. Hill, P. J., MeNamee, Crapser and Bliss, JJ., concur; Rhodes, J., dissents.

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Bluebook (online)

248 A.D. 651, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-otterbein-v-babor-comeau-co-nyappdiv-1936.