Opinion

Employees' Liability Assurance Corp. of London v. Hayes Construction Co.

  • 243 N.Y. 261
  • 153 N.E. 68
  • 1926 N.Y. LEXIS 749
Court
New York Court of Appeals
Filed
Jul 9, 1926
Status
Published
Author
Lehman
On the bench
Crane, Lehman
Cited by
9 cases

The opinion

Lehman, J. (dissenting).

The defendant’s obligation to pay the adjusted rate concededly depends upon its written agreement. That agreement provides for

“

modification of rates in accordance with the rate manual and rating plans,” etc., but it expressly states that “ such modification, if any, to be expressed by indorsement

naming the effective date

” (italics are mine). It seems to me quite clear that the direction contained in section 31 of the Bating Plan that the

“ carrier

shall make such rates effective for the current policy as of its effective date ” cannot by its own force make the adjusted rates

“

effective for the current policy

as of its effective date

” when the carrier and the employer have by contract expressly provided that the

“ effective date

” of any modification must be expressed by indorsement

naming

such date.

The judgments should be affirmed.

Cardozo, Pound and Andrews, JJ., concur with Crane, J.; Lehman, J., dissents in memorandum, in which His cock, Ch. J., and McLaughlin, J., concur.

Judgment accordingly.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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