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Matter of Otterbein v. Babor Comeau Co.

Appellate Division of the Supreme Court of New York, Third Department
May 1, 1936
248 App. Div. 651 (N.Y. App. Div. 1936)

Opinion

May, 1936.

Appeal from 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 Work. Comp. 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., McNamee, Crapser and Bliss, JJ., concur; Rhodes, J., dissents.


Summaries of

Matter of Otterbein v. Babor Comeau Co.

Appellate Division of the Supreme Court of New York, Third Department
May 1, 1936
248 App. Div. 651 (N.Y. App. Div. 1936)
Case details for

Matter of Otterbein v. Babor Comeau Co.

Case Details

Full title:In the Matter of the Claim of EMIL OTTERBEIN, Respondent, against BABOR…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: May 1, 1936

Citations

248 App. Div. 651 (N.Y. App. Div. 1936)