American Mutual Liability Insurance v. Watson Seafood & Poultry Co.

MALLARD, Chief Judge.

Plaintiff contends that the trial court committed error in ruling that the “Retrospective Rating Plan” contained no provision for rate adjustment where the cancellation is by the insurer for reasons other than non-payment of premium.

In the pre-trial stipulations the parties agreed that on each of the policies there was an endorsement known as “Retrospective Premium Endorsement-Three Year-Plan D.” Although it is asserted that this endorsement was attached to the stipulations, it does not appear in this record; therefore, we do not know the contents of this stipulation.…