Legal Opinion

Commissioners of State Insurance Fund v. Photocircuits Corp.

Appellate Division of the Supreme Court of the State of New York

Decided June 9, 2005PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

Mazzarelli, J.

In this action for recovery of additional workers’ compensation insurance premiums, defendant, Photocircuits Corporation, appeals the grant of summary judgment to the plaintiff, Commissioners of the State Insurance Fund (Fund). Defendant asserts that the Fund breached the express terms of its policy to investigate and defend claims. Plaintiff responds that defendant is required to pay these premiums for documented losses and that defendant has no defense as there is no cognizable action in New York for breach of an “implied obligation of good faith and fair…

2Cases cited9 opinions

  1. Gordon v. Nationwide Mutual InsuranceNew York Court of Appeals · 1972
  2. Pavia v. State Farm Mutual Automobile InsuranceNew York Court of Appeals · 1993
  3. Brassil v. . Maryland Casualty Co.New York Court of Appeals · 1914
  4. In Re the Estates of CovertNew York Court of Appeals · 2001
  5. Best Building Co. v. Employers' Liability Assurance Corp.New York Court of Appeals · 1928

4 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Santo D'Angelo v. State Insurance FundAppellate Division of the Supreme Court of the State of New York · 2008
  2. Koken v. GPC International, Inc.District Court, D. Delaware · 2006
  3. Miraglia v. State Insurance FundNew York Supreme Court · 2011
  4. Commissioners of the State Insurance Fund v. Hainesport Transportation Group LLC; Hainesport Transportation Group LLC v. Doing It Right Technologies LLC; DJM Transport, LLC; and RTL Industries LLCDistrict Court, E.D. New York · 2026

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