WILLIAM ISER, INC. v. EMPLOYERS MUT. LIAB. INS. CO. OF WISCONSIN


26 A.D.2d 662 (1966)

William Iser, Inc., et al., Respondents, v. Employers Mutual Liability Insurance Company of Wisconsin, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 5, 1966


Order modified to the extent of granting defendant's motion to dismiss the complaint. As so modified, order affirmed, without costs.

The gist of plaintiffs' cause of action is that the defendant insurer improperly classified the risks under the policies and failed to give plaintiffs the benefit of a so-called "combination-of-entities" premiums, all of which resulted in a higher cost to plaintiffs. In our opinion, plaintiffs' exclusive remedy lay in the administrative...

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