Legal Opinion

Commissioners of State Insurance Fund v. Hallmark Operating, Inc.

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

Decided April 16, 2009PublishedCited by 4 opinions

1Opinion of the CourtKane, J.

Appeal from an order of the Supreme Court (Devine, J.), entered July 14, 2008 in Albany County, which, among other things, granted defendant’s motion for summary judgment upon submission of the controversy on an agreed statement of facts pursuant to CPLR 3222.

Plaintiff provided workers’ compensation insurance for defendant from 1996 through 2001. During 1996, the policy was a retrospective rating plan (hereinafter RRP). Under an RRP, plaintiff retroactively calculates premiums owed based upon injuries that occurred during the policy period. Plaintiff then sends the employer periodic bills,…

2Cases cited3 opinions

  1. Zechmann v. Canisteo Volunteer Fire DepartmentNew York Court of Appeals · 1995
  2. Claim of Mace v. Owl Wire & Cable Co.Appellate Division of the Supreme Court of the State of New York · 2001
  3. Claim of Arena v. Crown Asphalt Co.Appellate Division of the Supreme Court of the State of New York · 2002

3Cited by4 opinions

  1. Claim of Krausa v. Totales Debevoise Corp.Appellate Division of the Supreme Court of the State of New York · 2011
  2. Matter of Misquitta v. Getty PetroleumAppellate Division of the Supreme Court of the State of New York · 2017
  3. Matter of Connolly v. Consolidated EdisonAppellate Division of the Supreme Court of the State of New York · 2015
  4. Matter of Lamont v. Superior Ambulance Serv. Inc.Appellate Division of the Supreme Court of the State of New York · 2024

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