136 A. 565 | Conn. | 1927
The compensation commissioner found that the plaintiff suffered an injury arising out of and in the course of his employment, and decided that he was entitled to receive compensation therefor, and no question is raised as to the correctness of that portion of the award. The injury was caused by a truck passing over the plaintiff's foot. This occurred on May 25th, 1923, but he was not disabled until September 19th, 1923, and the compensation awarded was for *739 disability thereafter suffered. On May 25th, 1923, the employer carried a policy of insurance covering his liability under the Workmen's Compensation Act, which had been issued by the Liberty Mutual Insurance Company of Providence, Rhode Island, but that policy was so written that the period of its duration expired on August 1st, 1923. Thereafter the employer carried a similar policy issued by the appellant American Mutual Liability Insurance Company. The award of the commissioner provided that all reasonable medical, surgical and hospital bills incurred by the plaintiff and furnished by the employer should be paid one half by each of the two insurers above named, and that they should also pay the compensation awarded the plaintiff in the same proportion. From this award the American Mutual Liability Insurance Company has appealed to the Superior Court and, that court having sustained the award, it now brings this appeal before us.
Both the commissioner and the trial court determined the controversy solely upon the basis of certain provisions of the statutes. These require that every policy issued to an employer under the Workmen's Compensation Act shall be so drawn as to cover the entire liability of the employer under Part B of the Act; General Statutes, §§ 5369, 5371; and that as between an injured employee and an insurer such a policy shall be conclusively presumed to cover the entire liability of the employer. General Statutes, § 5406. The purpose of these provisions is to make certain that an employer shall at all times be in a position to fulfill all his obligations to his employees under the Act. Each of the policies issued by the insurers in this case stated an agreement to pay promptly to any person entitled thereto the entire amount due under the Workmen's Compensation Act in consequence *740
of the obligation imposed upon or accepted by the employer to make compensation for injuries under its provisions; and then provided that the policy should apply only to injuries "sustained by reason of accident occurring during the Policy Period." The policy issued by the Liberty Mutual Insurance Company fixed as the termination of its policy period, August 1st, 1923, and that issued by the appellant the American Mutual Liability Insurance Company fixed the same date as the beginning of its policy period. As to any injury occurring within the policy period it fixed, each policy complied with the requirements of the statutes; indeed, the provision by which the scope of the risk carried was made to turn upon the occurrence of any injury within the policy period, taken in conjunction with the other provisions obligating the insured to make all payments consequent upon such an injury under the terms of the Act, would seem to be the apt way by which effectively to cover the entire liability of the employer and to protect the employee. Which of the two insurers would be obligated to make the payments consequent upon an injury would have to be determined by the provisions of the policies. The accident which caused the plaintiff's disabilities did not occur during the policy period covered by the policy issued by the appellant, and the fact that the disability did not result until after the beginning of that period would not make the appellant liable for the payments due in consequence thereof. Phillips v.Holmes Express Co.,
The statute provides that the commissioner may make his award directly against the employer, the insurer, or both. General Statutes, § 5405. An award against both establishes a joint and several liability *741
and may be enforced against either or both until satisfaction is secured. Schultz v. United States Fidelity Guaranty Co.,
There is error, the judgment is set aside, and the cause remanded to the Superior Court with direction to sustain the appeal and return the case to the commissioner for further action in accordance with this opinion.
In this opinion the other judges concurred.