Commissioners of the State Insurance Fund v. Wiz Construction Co.

Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied plaintiffs motion for summary judgment. Plaintiff commenced this action seeking to recover premiums allegedly due under a workers’ compensation policy issued by plaintiff to defendant. Plaintiff contends that it is entitled to judgment as a matter of law pursuant to a “notice” that was sent with the subject policy. We disagree. The policy provides that the premium basis includes “all * * * persons engaged in work that could make us liable,” while the notice provides that “premium” will be charged under the…