Carignan v. Amoskeag Hamper Co.

The plaintiff bases his claim of fraud upon the statement of the insurer in its letter of December 19, 1945 enclosing the first draft and receipt, “we are attaching our draft for compensation due you.” It is argued that the assertion that the draft was due the plaintiff before he had made an election under the Act was false and intended to mislead the plaintiff into thinking that he had but the one remedy. But the statement that compensation was due was correct. “Where total or partial incapacity for work at any gainful employment for not less than one week results to the workmen from the…