Claim of Kohl v. Picoult
Claim of Kohl v. Picoult
Opinion of the Court
Each has been charged by the Workmen’s Compensation Board with 50% of the award. The Michigan company resists this apportionment on the ground a liability under the New York compensation law, which is the sole basis of the New York board’s jurisdiction, was not within the risk undertaken by it. This seems to be right. Had the claimant filed a claim in Michigan and had it been held, as no doubt it could be, that this was a Michigan employment, Michigan Mutual would have been within the terms of its coverage.
But its coverage did not extend to a New York employment if, under the terms of its all-States’ endorsement, the employer had “ other insurance for such operations ”. It is clear from the finding of the board that Cosmopolitan Mutual had provided the employer with such “ other insurance ”. Hence, neither by its direct coverage nor by its all-States’ endorsement had Michigan incurred a liability for a claim under the New York compensation statute. Although there are equitable reasons to support the board’s decision, the legal liability of the carrier should not, under this record, be enlarged beyond its contractual under
The order should be reversed, with costs in this court and in the Appellate Division, and the claim remitted to the Workmen’s Compensation Board for further proceedings not inconsistent with this Memorandum.
Order reversed, with costs in this court and in the Appellate Division to appellant Michigan Mutual, and matter remitted to the Workmen’s Compensation Board for further proceedings not inconsistent with the Memorandum herein.
Reference
- Full Case Name
- In the Matter of the Claim of Maurice Kohl v. Jack Picoult, Appellant-Respondent Cosmopolitan Mutual Insurance Co., and Michigan Mutual Insurance Co., Workmen's Compensation Board
- Status
- Published