Birmingham Coal & Coke Co. v. American Resources Insurance Co.

THIGPEN, Judge.

This appeal involves a judgment for unpaid insurance premiums.

The record reveals that American Resources Insurance Company (American) contracted with Birmingham Coal & Coke Company, Inc. (Birmingham Coal), by and through an insurance broker, for the issuance of its policies of insurance for workmen’s compensation, general liability, and extended coverage.

An estimated premium was determined in accordance with the terms of the policies; nevertheless, the final premium was to be determined by a “retrospective audit” of Birmingham Coal’s payroll records to determine ■the extent of…