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COMMISSIONERS OF STATE INSURANCE FUND v. HALLMARK OPERATING, INC.

61 A.D.3d 1212 (2009)

877 N.Y.S.2d 734

COMMISSIONERS OF STATE INSURANCE FUND, Appellant, v. HALLMARK OPERATING, INC., Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided April 16, 2009.

Kane, J.

Plaintiff provided workers' compensation insurance for defendant from 1996 through 2001. During 1996, the policy was a retrospective rating plan (hereinafter RRP). Under an RRP, plaintiff retroactively calculates premiums owed based upon injuries that occurred during the policy period. Plaintiff then sends the employer periodic bills, generally annually, reflecting benefit payments made during that subsequent period that relate to claims based upon injuries...

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