Summary
In Matter of Kornblatt v. Dubin's Bakery (263 App. Div. 770) a fifteen-day binder had been issued and the question therein concerned cancellation.
Summary of this case from Matter of AllenOpinion
November 19, 1941.
Appeal from State Industrial Board.
Present — Hill, P.J., Crapser, Heffernan, Schenck and Foster, JJ.
The sole issue is whether appellant was the insurance carrier at the time of the accident. A fifteen-day binder to cover the business of the employer had been issued by appellant to be effective on October 1, 1938. Although there is testimony to indicate that a different oral arrangement was sought, the binder was not canceled in accordance with the provisions of subdivision 5 of section 54 Work. Comp. of the Workmen's Compensation Law. It was, therefore, in effect on October 13, 1938, at the time the accident happened. ( Matter of Otterbein v. Babor Comeau Co., 272 N.Y. 149.) Award unanimously affirmed, with costs to the State Industrial Board.