Claim of Kennedy v. Kennedy Manufacturing & Engineering Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Kennedy Manufacturing and Engineering Company and another, from an award of the State Industrial Commission, made on the 25th day of May, 1916.
1Opinion of the Court
Kellogg, P. J. :
When the policy was issued and at the time of the accident on March 24, 1915, the claimant owned ninety-five per cent of the stock of the employer company. Later the company was closing out its business; another was elected president in place *57of the claimant, and at the time of the accident the claimant held no office in the company. When the policy was taken the insurer knew of his position in the company, and included his salary in the payroll upon which the premium was based. As stated by the attorney for the insurer: “ As I understand it, the premium was paid on a salary…
2Cases cited3 opinions
- Claim of Beckmann v. J. W. Oelerich & SonAppellate Division of the Supreme Court of the State of New York · 1916
- Aken v. BarnetAppellate Division of the Supreme Court of the State of New York · 1907
- Claim of Bowne v. S. W. Bowne Co.Appellate Division of the Supreme Court of the State of New York · 1916
3Cited by14 opinions
- Parker v. Travelers InsuranceSupreme Court of Georgia · 1932
- Employers' Liability Assurance Corp. v. Industrial Accident CommissionCalifornia Supreme Court · 1921
- Donaldson v. William H. B. Donaldson Co.Supreme Court of Minnesota · 1929
- Frankfort General Insurance v. ConduittIndiana Court of Appeals · 1920
- Maryland Casualty Co. v. WellsCourt of Appeals of Georgia · 1926
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