Hyperlawhypertext legal database Claim of Nieder v. Coal Merchants Mutual Insurance 238 A.D. 885

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Claim of Nieder v. Coal Merchants Mutual Insurance

238 A.D. 885 Court N.Y. App. Div. English

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p. 885
In the Matter of the Claim of William Nieder, Respondent, against Coal Merchants Mutual Insurance Company, Appellant. Garrett Busch & Son, Inc., Respondent. State Industrial Board, Respondent.[1]

Award affirmed, with costs to the State Industrial Board against the appellant, on the ground that the policy, by its terms, covers certain specified classes of employees and “ all other employees.” (See, also, Workmen’s Comp. Law, § 54, subd. 4.) Hill, P. J., Rhodes, McNamee and Bliss, JJ., concur; Crapser, J., dissents and votes to reverse the award and to dismiss the claim, as to the carrier, on the authority of Matter of Pettit v. Reges ( 242 N. Y. 272 , 276).

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