Legal Opinion

Continental Insurance v. State

New York Court of Appeals

Decided November 21, 2002PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

Levine, J.

Under Workers’ Compensation Law § 54 (6), one or two executive officers who own all of the issued and outstanding stock of a corporation and hold all of the executive offices “shall be deemed to be included in the compensation insurance contract * * * unless the officer or officers elect to be excluded from the coverage of this chapter.” The issue presented here is whether an election to exclude such executive officers from “coverage under this chapter” also eliminates a corporation’s coverage for third-party claims arising from injuries to those officers under…

2Cases cited5 opinions

  1. Claim of Lyle v. H. R. Lyle Cider & Vinegar Co.New York Court of Appeals · 1926
  2. LeClear v. SmithAppellate Division of the Supreme Court of the State of New York · 1923
  3. Claim of Weiss v. Baker-Weiss Packing Box Co.Appellate Division of the Supreme Court of the State of New York · 1922
  4. Murray v. Niagara Frontier Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 1996
  5. Matter of Weiss v. . Baker-Weiss Packing Box CompanyNew York Court of Appeals · 1923

3Cited by4 opinions

  1. Western Building Restoration Co. v. Lovell Safety Management Co.Appellate Division of the Supreme Court of the State of New York · 2009
  2. American Home Assurance Co. v. Highrise Construction Co.Appellate Division of the Supreme Court of the State of New York · 2013
  3. American Home Assurance Co. v. Highrise Construction Co.Appellate Division of the Supreme Court of the State of New York · 2013
  4. Western Waterproofing Company, Inc. v. Zurich American Insurance CompanyDistrict Court, S.D. New York · 2023

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