Claim of Clemens v. Clemens & Grell
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Commercial Casualty Insur- . anee Company, from an order or decision of the State Industrial Commission, made on the 12th day of July, 1917, denying an application to reopen and rehear the above matter.
1Opinion of the Court
Kellogg, P. J.:
The claim was heard before the Commission and the hearing, March 22, 1915, resulted in an award. The appellant made a motion, July 6, 1917, for the reopening of the case upon the ground that the accident occurred before the policy was issued upon the statement that no accident except a trivial one (other than this) had occurred, and that the policy was, therefore, obtained by fraud. The appellant made the same contention before the Commission upon the original hearing. It is true the Commission did not set aside the policy for fraud, but ruled that it would not go into the…
2Cases cited1 opinion
- Matter of Skoczlois v. . VinocourNew York Court of Appeals · 1917
3Cited by2 opinions
- Claim of Conklin v. A. R. Dowd Co.Appellate Division of the Supreme Court of the State of New York · 1937
- Claim of Sullivan v. Hudson Navigation Co.Appellate Division of the Supreme Court of the State of New York · 1918