Commissioners of the State Insurance Fund v. Hermitage Insurance

The defendant Frank Tricarico, the sole stockholder and operating officer of the defendant Frank Tricarico Contractors, Inc. (hereinafter FTC), filed with the plaintiff State Insurance Fund (hereinafter the SIF) an election to be excluded from coverage under New York State Workers’ Compensation Law. Shortly thereafter, he was injured in a job-related accident, when he was hit with a backhoe that was sold and repaired by *650B & B Equipment Co., Inc. (hereinafter B & B). In the underlying action, Frank Tricarico and his wife sued B & B to recover damages they suffered as a result of the accident.…