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STATE INSURANCE FUND v. ZURICH-AMERICAN INSURANCE COMPANIES

270 A.D.2d 7 (2000)

704 N.Y.S.2d 217

STATE INSURANCE FUND, Respondent, v. ZURICH-AMERICAN INSURANCE COMPANIES, Appellant.

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

Decided March 2, 2000.

The motion court erred in finding that the State Insurance Fund (SIF) was entitled to recover one-half its net Workers' Compensation lien from Zurich. The stipulation entered in open court on June 21, 1988 was clear and unambiguous in stating the total amount of the settlement ($205,000) and that SIF had "waive[d] its workers' compensation lien in full". There is no support whatsoever in the record for the proposition that the waiver of the lien was limited only to the plaintiffs...

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