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Case Name | Rail Services of America vs. SCIF | |
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Date | 07/09/2003 | |
Note | Retention of non-refundable agreed minimum premium for only 15 days coverage upheld; willful failure to comply with discovery order compels dismissal. | |
Citation | 110 Cal.App.4th 323 | |
WCC Citation | WCC 29432003 CA |
RAIL SERVICES OF AMERICA et al. , Plaintiffs and Appellants, v. STATE COMPENSATION INSURANCE FUND, Defendant and Respondent. OPINION CROSKEY, J. - Rail Services of America and Pacific Rail Services (collectively, plaintiffs) sued State Compensation Insurance Fund (SCIF) for alleged misconduct related to premiums SCIF charged them for workers' compensation insurance. SCIF stated that it would provide coverage, but only in exchange for a non-refundable agreed minimum premium of $1,365,000. Although plaintiffs' risk manager tried to persuade SCIF to agree to different and more favorable terms, SCIF would not do so. c. SCIF Had the Right to Make the Minimum Premium Nonrefundable Plaintiffs contend that SCIF could not make the minimum premium nonrefundable, citing section 11841.
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