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AMERICAN MUT. LIAB. INS. CO. v. WATSON SEAFOOD & P. CO.

No. 7210SC209.

188 S.E.2d 5 (1972)

14 N.C.App. 242

AMERICAN MUTUAL LIABILITY INSURANCE COMPANY v. WATSON SEAFOOD AND POULTRY COMPANY, Inc., and Feather Processors, Inc.

Court of Appeals of North Carolina.

Certiorari Denied August 1, 1972.

Attorney(s) appearing for the Case

Dan Lynn, Cary, for plaintiff appellant.

Herman Wolff, Jr., Raleigh, for defendant appellees.

Certiorari Denied by Supreme Court August 1, 1972.

MALLARD, Chief Judge.

Plaintiff contends that the trial court committed error in ruling that the "Retrospective Rating Plan" contained no provision for rate adjustment where the cancellation is by the insurer for reasons other than non-payment of premium.

In the pre-trial stipulations the parties agreed that on each of the policies there was an endorsement known as "Retrospective Premium Endorsement...

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