West Bend Mutual Ins. Co. v. Procaccio Painting & Drywall Co., Inc.

Federal 7th Circuit Court
Civil Court
Insurance
Citation
Case Number: 
No. 13-2252
Decision Date: 
July 10, 2015
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed
Dist. Ct. did not err in entering judgment in defendant-insured’s favor in action to determine whether plaintiff-insurance company properly treated certain premium adjustments/credits to parties’ workers compensation insurance policy, where record showed that defendant was entitled to substantial Illinois Contracting Classification Premium Adjustment Program (ICC) credit, and where plaintiff insisted that parties had orally agreed to how plaintiff would account for such credit by inflating different credit at time of policy’s inception. Parole-evidence rule precluded plaintiff from establishing existence of instant alleged oral agreement due to presence of integration clause in policy, and thus defendant was entitled to full ICC credit for three years of premiums at issue in lawsuit.