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LEGION INSURANCE COMPANY v. NORTHEASTERN PLATE GLASS CORPORATION

41 A.D.3d 933 (2007)

837 N.Y.S.2d 430

LEGION INSURANCE COMPANY, in Liquidation, Respondent, v. NORTHEASTERN PLATE GLASS CORPORATION, Appellant.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided June 7, 2007.

Peters, J.

Plaintiff provided workers' compensation insurance to defendant under two annual polices, WC5-0922496 (hereinafter WC5) and WC6-0922496 (hereinafter WC6), which commenced on August 1, 2001 and August 1, 2002, respectively. Each provided for the performance of an end of term audit for the purpose of determining the actual earned premium which had to be paid. At the end of the second term, plaintiff's audit revealed that a total of $42,174 in unpaid premiums...

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