Continental Insurance v. Seppala & Aho Construction Co.

The defendant purchased a workmen’s compensation policy from the plaintiff Continental Insurance Co.’s agent allegedly based upon the representation that only New Hampshire rates would apply although the area of exposure under the policy included New Hampshire and Massachusetts. We are asked to decide whether the policy allowed the plaintiff to retrospectively apply Massachusetts rates at the termination of the policy coverage period to that percentage of the defendant’s employees who had worked in Massachusetts during the coverage period. The defendant argues on appeal that the…