The Home Indemnity Company, Cross-Appellee v. Ball-Co Contractors, Inc., Cross-Appellant

Home Indemnity sued Ball-Co for additional premiums due on four insurance policies, a workmen’s compensation policy and a general liability policy issued in 1979 and renewals of these policies issued in 1980. The complaint contained two counts, a claim for breach of contract for unpaid premiums and a claim on a stated account for the same unpaid premiums. The district court treated these counts as one cause of action and held that the original workmen’s compensation policy was barred by Alabama’s three-year statute of limita tions for actions on open accounts. Ala. Code § 6-2-37,645 F.Supp.…