Commissioners of the State Insurance Fund v. Regenstreif

The partial defenses alleged by defendants in resistance of plaintiffs’ claim involve the correctness and propriety of payroll rates and classifications assigned to defendants’ employees and cannot be raised until defendants exhaust the mandatory administrative procedure to be followed by an assured in contesting rates and classifications. (See Commissioners of State Ins. Fund v. Mascali-Robke, 208 Misc. 316, affd. 1 A D 2d 945; Commissioners of State Ins. Fund v. Blank, 205 Misc. 322; Commissioners of State Ins. Fund v. Sealand Corp., 13 Misc 2d 745; Matter of General Mut. Ins. Co. v. Mutual…