Western Wood Moulding & Millwork Producers, Inc. v. Argonaut Insurance

This was an action to recover dividends allegedly declared but not paid by defendant, a California insurer, on a group policy of workmen’s compensation insurance. Defendant claimed the right to withhold from current dividends certain adjustments to dividends paid in all prior years. Our original opinion held that certain evidence was improperly excluded. That evidence, offered by plaintiff, tended to prove an oral agreement that dividends were to be paid in full two years after the close of each policy year, and were not to be recalculated or adjusted thereafter. A judgment for defendant was…