Iacaponi v. New Amsterdam Casualty Company

OPINION

WEBER, District Judge.

This is a diversity suit against an insurance company that alleges that an agent of defendant fraudulently and conspiratorily induced plaintiff to sign a Workmen’s Compensation Agreement in order to defeat plaintiff’s claim against defendant’s insured for serious personal injuries. The injury occurred September 18, 1955, the agreement was signed October 24, 1955, and the plaintiff thereafter received and cashed checks from the present defendant in payment under the Workmen’s Compensation Act. The plaintiff now claims that he was not an employee but an independent…