Legal Opinion
Claim of Beekman v. W. A. Brodie, Inc.
New York Court of Appeals
Decided October 16, 1928PublishedCited by 8 opinions
1Per curiam
The employer was estopped from asserting its rights under the provisions of Workmen’s Compensation Law (Cons. Laws, ch. 67), section 29, relative to written consent when it disclaimed liability and advised the employee to settle his case with the third party (Matter of Clow v. Keith’s Fordham Theatre, 247 N. Y. 583). The insurance carrier was not bound by such waiver. Its own written' consent or waiver thereto was necessary to bind it. As against the insurer, the employee has lost his right to the deficiency (O’Brien v. Lodi, 246 N. Y. 46). His claim against the employer remains (Workmen’s…
2Cases cited2 opinions
- O'Brien v. LodiNew York Court of Appeals · 1927
- Matter of Clow v. B.F. Keith's Fordham TheatreNew York Court of Appeals · 1928
3Cited by8 opinions
- Orth v. Shiely Petter Crushed Stone Co.Supreme Court of Minnesota · 1958
- Claim of Berenberg v. Park Memorial ChapelAppellate Division of the Supreme Court of the State of New York · 1955
- Commissioners of the State Insurance Fund v. StevensNew York Supreme Court · 1960
- Claim of McConvey v. C. J. Donovan Haas Co.Appellate Division of the Supreme Court of the State of New York · 1929
- Cristiano v. Ninfa's RestaurantAppellate Division of the Supreme Court of the State of New York · 1955
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