Travelers Insurance v. Rooney
Supreme Court of Vermont
Action op Contract to recover the premium claimed to be due upon a workmen’s compensation and employers’ liability policy issued by the plaintiff to the defendant. Pleas, the general issue and declaration in set-off. Trial by Rutland City Court, Rutland County, G. M. Goddard, City Judge. Judgment for the defendant. The plaintiff excepted. The opinion states the ease.
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Action op Contract to recover the premium claimed to be due upon a workmen’s compensation and employers’ liability policy issued by the plaintiff to the defendant. Pleas, the general issue and declaration in set-off. Trial by Rutland City Court, Rutland County, G. M. Goddard, City Judge. Judgment for the defendant. The plaintiff excepted. The opinion states the ease. The mere fact that the men cutting the wood in Chittenden were paid by the cord instead of by the day did not maké them independent contractors. Pachett v. Moretown Creamery Go., 91 Yt. 97; State ex rel. Virginia & B. Lahe Co.,…
1Opinion of the CourtMiles, J.
This is an action of contract on a workmen’s compensation and employers’ liability policy. The defendant pleaded a general denial and a declaration in set-off. The plaintiff sought to recover overdue premiums; while the defendant sought to recover under his declaration in set-off unearned premiums which he had paid on two of the plaintiff’s policies.
The policy upon which the plaintiff brought suit contained the following provision: “This agreement shall apply to such injuries so sustained by business operations described in said declarations, together with operations incident thereto, while…
2Cited by3 opinions
- Iott v. Continental Casualty Co.Supreme Court of Kansas · 1930
- Hall v. Crystal Lake Ice Co.Supreme Court of Vermont · 1938
- C. F. Lytle Co. v. Hansen & Rowland, Inc.Court of Appeals for the Ninth Circuit · 1945