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Case Name Star Insurance Co. v. Neighbors
Date 07/20/2006
Note A workers' compensation insurer may avoid payment of a claim submitted under retroactive coverage procured by employer fraud.
Citation 42926
WCC Citation WCC 842006 N
On the day following the accident, Richard Faulkner, the owner of the business, requested that appellant, Star Insurance Company, reinstate his workers' compensation insurance, which had lapsed the previous March for nonpayment of premium. Faulkner fraudulently complied, knowing that Neighbors had sustained catastrophic injuries, and Star reinstated the policy. Faulkner was criminally charged with concealing a material fact in an insurance application and for operating a business without industrial insurance. DISCUSSION Fraudulent Policy Procurement and NRS 616B. 033 On appeal, Star asserts that the appeals officer and the district court erroneously interpreted NRS 616B. 033 to require Star to pay Neighbors compensation. Citing Madera v. SIIS,*fn16 Star and Neighbors assert that the current version of NRS 616C. 220 should apply retroactively to Neighbors' claim.

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