Legal Opinion
Kaplan v. Travelers Insurance
City of New York Municipal Court
Decided September 11, 1934PublishedCited by 3 opinions
1Opinion of the CourtNoonan, J.
This action is brought to recover alleged overpayments of premiums under workmen’s compensation insurance policies covering a period from 1926 to December 6, 1931. It is claimed that these overpayments were made under a mutual mistake of fact.
The plaintiffs were engaged in the manufacture of motion picture projecting machines. The policies under which the premiums in question were paid are standard forms. Each contains the following provision:
“ This policy is issued by the Company and accepted by this Employer subject to the rate manual and rating plans established *826by the Compensation…
2Cases cited2 opinions
- Employers Liability Assurance Co. v. Success Uncle Sam Cone Co.City of New York Municipal Court · 1925
- Employees' Liability Assurance Corp. of London v. Hayes Construction Co.New York Court of Appeals · 1926
3Cited by3 opinions
- Commissioners of the State Insurance Fund v. Mascali-Robke Co.New York Supreme Court · 1955
- Roll Form Products, Inc. v. State Insurance FundCourt of Civil Appeals of Oklahoma · 1987
- William, Iser, Inc. v. Employers Mutual Liability InsuranceAppellate Division of the Supreme Court of the State of New York · 1966