NCCI Manual requires refund of all excess insurance premiums.

Topic: Insurance, Decided by Judge Schroer 
Docket Number: 1416562 , Decision Date: 2014-05-07 
Attachment: Click here to download the decision. 

The Basic Manual for Workers’ Compensation and Employers’ Liability Insurance, published by the National Council on Compensation Insurance (NCCI), which is incorporated into all workers’ compensation policies in Georgia, can only reasonably be interpreted to require the refund of all excess premiums resulting from the misclassification of employees.  The phrase “inception of the policy,” in context, clearly means the inception of the policy in which the error occurred, not the inception of the current policy period.  Even if the NCCI Manual was capable of more than one interpretation, Georgia law requires any ambiguity to be construed in favor of the insured.


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