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General Contractor Insurance Premium Litigation

Represented a general contractor that was twice sued by major insurance companies seeking to collect millions of dollars of additional workers compensation insurance premiums. The policies in question were (allegedly) retrospective rated, i.e. the final premium would be a function of paid losses, not exposures. One case was tried to a jury, which returned a “not guilty” verdict in favor of the client. The other case was settled after a jury had been empaneled. The insurance company not only waived any claims for additional premiums, it instead agreed to refund excess premiums charged.