Commissioners of the State Insurance Fund v. Sealand Marine & Maintenance Corp.

Suit is by the State Insurance Fund for premiums on a workman’s compensation policy. The sole defense is that the insured has objected to the classifications in which its employees were placed and has initiated a proceeding before the New York Compensation Insurance Bating Board. There is no doubt that this board is the sole authority for the fixing of rates and an insured must apply to it if it desires to contest the rate assigned (Commissioners of State Ins. Fund v. Mascali-Robke Co., 208 Misc. 316, affd. 1 AD 2d 945). The sole question here is whether recovery in an action *746for premiums…