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TRAVELERS v. INTERNATIONAL NUTRITION

No. S-06-063.

734 N.W.2d 719 (2007)

273 Neb. 943

The TRAVELERS INDEMNITY COMPANY, appellee, v. INTERNATIONAL NUTRITION, INC., appellant.

Supreme Court of Nebraska.

July 13, 2007.

Attorney(s) appearing for the Case

James L. Quinlan, David J. Stubstad, and Russell A. Westerhold, of Fraser, Stryker, Meusey, Olson, Boyer & Bloch, P.C., Omaha, for appellant.

CeCelia Ibson Wagner, of Smith, Schneider, Stiles & Serangeli, P.C., Des Moines, IA, for appellee.

HEAVICAN, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

GERRARD, J.

International Nutrition, Inc., acquired workers' compensation insurance from The Travelers Indemnity Company (Travelers) through the State of Nebraska's assigned risk program. Soon after the policy term began, Travelers changed International Nutrition's classification code and retroactively applied the change, which resulted in an increase in International Nutrition's premium payments. Travelers sued International Nutrition for failure to pay the premiums...

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