Commissioners of State Insurance Fund v. Blank

This action is brought to recover premiums alleged to be due on a policy of insurance issued pursuant to the Workmen’s Compensation Law. The plaintiffs move to strike out the three affirmative defenses contained in the answer.

The first defense claims misnomer of parties plaintiffs. Section 93 of the Workmen’s Compensation Law provides that actions may be brought “ in the name of the commissioners of the state insurance fund ”, and in the present suit the plaintiffs are so named. The defendant contends that the statute thus worded means that the action must be titled in the personal names of…