Fid. & Cas. Co. of N.Y. v. Indus. Accident Comm'n
Synopsis
Compensation Insurance — Breach op Warranty — Employment op Minor—Liability op Insurer—Policy.—Under a workmen’s compensation insurance policy providing that no person is or will be employed by the assured in violation of the law as to age, and further providing that no default on the part of the assured with respect to any of the conditions of the policy shall in any way affect the right of an employee to recover from the insurer the compensation provided for by law and intended to be insured under the policy, the insurer, and not the insured, is liable to a minor for injuries received by him in the course of his employment while employed contrary to law.
THE COURT. We are of the opinion that the Industrial Accident Commission correctly construed the policy in this matter and that its decision is correct.
The application is denied.
Angellotti, C. J., Sloss, J., Melvin; J., Lawlor, J., and Lennon, J., concurred.
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