Orkin Exterminating Co. v. Massachusetts Bonding & Insurance Co.

On Motions for Rehearing

On this motion for rehearing we have-been favored with a brief by Amicus Curiae raising a question which has given us serious concern. The Amicus Curiae states this proposition:

“A casualty insurance company is required under the laws of this State to establish a reserve for a potential loss even though liability for it may be denied and since premium rates are fixed by the State the charging and accepting of a premium payment cannot be grounds to avoid the terms of an executed non-waiver agreement so as to hold the insurance company estopped to deny coverage under the…