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Case Name State Compensation Insurance Fund v. WallDesign, Inc.,
Date 10/20/2011
Note The four-year statute of limitations for filing a lawsuit to collect unpaid premium begins running after the insurer completes an audit and demands payment, if the policy states those terms, the California 4th District Court of Appeal ruled on Thursday in a case of first impression.
Citation G044354
WCC Citation WCC 38142011 CA
STATE COMPENSATION INSURANCE FUND v. WALLDESIGN INCORPORATED STATE COMPENSATION INSURANCE FUND, Plaintiff and Appellant, v. WALLDESIGN INCORPORATED, Defendant and Respondent. INTRODUCTION State Compensation Insurance Fund (the Fund) provided workers' compensation insurance to WallDesign Incorporated (WallDesign) under two insurance policies. WallDesign failed to pay the premium the Fund claimed was owing; the amount of the final premium was determined through an audit of WallDesign's records by the Fund. STATEMENT OF FACTS AND PROCEDURAL HISTORY The Fund issued two workers' compensation insurance policies to WallDesign. DeLeon filed a first amended complaint on May 17, 2010, seeking $1,045,905. 35 in damages for the unpaid workers' compensation premium.

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