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eBook details

• Title: Matter Claim Craig Skolnick v. State Insurance Fund
• Author : Supreme Court of New York
• Release Date : January 06, 1983
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

Appeal from a decision of the Workers Compensation Board, filed January 19, 1983, which held that the State Insurance Fund is estopped from denying coverage of the accident. The State Insurance Fund (State Fund) issued a policy of workers compensation insurance to the employer T.D. Hedge Restaurant, which was to be effective for the period March 21, 1979 to March 21, 1980. The premium was $648, of which $120 was paid by the employer as a deposit. When the employer failed to pay the balance, the State Fund notified it by notice dated July 10, 1979 that the policy was canceled effective July 28, 1979 by reason of default in payments. The notice further provided that the policy would be reinstated if the amount due was received before the time of cancellation, but any payments received after the time of cancellation would not reinstate the policy but would simply be credited to the employers account to cover the balance due after a final adjustment. A check for $528 from the employer was received by State Fund in an envelope postmarked October 31, 1979. By letter dated November 15, 1979, State Fund acknowledged receipt of the check but informed the employer that the policy was canceled. The letter also stated that the amount of the check was credited to the employers account "pending final adjustment to date of cancellation". The record reveals no attempt by State Fund to return [97 A.D.2d 588 Page 589]

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