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HARTFORD ACC. & INDEM. CO. v. PRO-FOOTBALL, INC.

Consolidated Case No. 96-7222, No. 96-7215.

127 F.3d 1111 (1997)

HARTFORD ACCIDENT & INDEMNITY COMPANY, Appellant/Cross-Appellee, v. PRO-FOOTBALL, INC., d/b/a Washington Redskins, Appellee/Cross-Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided October 28, 1997.

Attorney(s) appearing for the Case

Mark E. Solomons, Washington, DC, argued the cause for appellant/cross-appellee. With him on the brief was Michael R. Goodstein, Washington, DC. Paul H. Friedman entered an appearance.

Barry W. Levine, Washington, DC, argued the cause for appellee/cross-appellant. With him on the brief was Mark A. Packman, Washington, DC.

Before: WALD, WILLIAMS and GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.

Concurring opinion filed by Circuit Judge WALD.

STEPHEN F. WILLIAMS, Circuit Judge:

This case deals with a so-called "retrospective rating" insurance policy, evidently a type common for workers' compensation. The insured employer pays an estimated premium, which is typically based on data about the insured's payroll and the classifications of its employees for risk purposes, and which...

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