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SMITH v. DENROSS CONTRACTING, U.S., INC.

No. COA12-169.

737 S.E.2d 392 (2012)

James Arthur SMITH, Employee, Plaintiff, v. DENROSS CONTRACTING, U.S., INC., Employer, Noninsured, and Dennis Barrett Individually, and The New York State Insurance Fund, Carrier; and Kapstone Kraft Paper, Employer, Sentry Insurance, Carrier, Defendants.

Court of Appeals of North Carolina.

December 18, 2012.

Attorney(s) appearing for the Case

Hedrick, Gardner, Kincheloe & Garofalo, L.L.P., by Michael G. Soto and M. Duane Jones , Charlotte, for defendant-appellant The New York State Insurance Fund.

Wallace and Graham, P.A., Salisbury, by Whitney V. Wallace , for plaintiff-appellee.

Cranfill Sumner & Hartzog, LLP, by Ashley Baker White and Holland B. Ferguson , Charlotte, for defendants Kraft Paper and Sentry Insurance.

BRYANT, Judge.

Where the New York State Insurance Fund accepted premium payments calculated by the Fund to provide workers' compensation liability insurance to employees of DenRoss Contracting, U.S., Inc., working in North Carolina with knowledge that DenRoss maintained only clerical staff in New York State, the Fund is estopped to deny coverage for plaintiff's compensable injuries on the basis of quasi-estoppel. Where the record indicates that the New York State...

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