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MISSION INS. GROUP, INC. v. MERCO CONSTR. ENGR.

Docket No. 68754.

147 Cal.App.3d 1059 (1983)

195 Cal. Rptr. 781

MISSION INSURANCE GROUP, INC., Plaintiff, Cross-defendant and Respondent, v. MERCO CONSTRUCTION ENGINEERS, INC., Defendant, Cross-complainant and Appellant; MISSION INSURANCE COMPANY, Cross-defendant and Respondent.

Court of Appeals of California, Second District, Division One.

October 13, 1983.

Attorney(s) appearing for the Case

COUNSEL

Grant & Popovich and Irvin Grant for Defendant, Cross-complainant and Appellant.

Sheppard, Mullin, Richter & Hampton, Paul M. Reitler, David J. McCarty and Edward A. Mendoza for Plaintiff, Cross-defendant and Respondent and for Cross-defendant and Respondent.

OPINION

DALSIMER, J.

The central issue presented by this case is whether an insurer who declares a dividend on an expired workers' compensation insurance policy may be required to account to the insured as to how it determined the amount of such dividend.

Appellant (Merco) purchased from respondent Mission Insurance Company a participating policy of workers' compensation insurance for the period June 1, 1975, to June 1, 1976...

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