Claim of Nieder v. Coal Merchants Mutual Insurance

Award affirmed, with costs to the State Industrial Board against the appellant, on the ground that the policy, by its terms, covers certain specified classes of employees and “ all other employees.” (See, also, Workmen’s Comp. Law, § 54, subd. 4.) Hill, P. J., Rhodes, McNamee and Bliss, JJ., concur; Crapser, J., dissents and votes to reverse the award and to dismiss the claim, as to the carrier, on the authority of Matter of Pettit v. Reges (242 N. Y. 272, 276).