Legal Question in Insurance Law in Pennsylvania
Worker's compensation
if a certain amount of payroll was predicted by the insurance company and we paid premiums for that amount and the payroll was larger then predicted do we have to pay the excessive audit amount due?they are threatening that the state attorney general's office will come after us. our company has closed and we can't afford the premium they're asking for.
1 Answer from Attorneys
Re: Worker's compensation
That is too complicated a question to answer here -- you need a full review by an attorney.
As a general matter, if a provider makes a prediction about the cost of the service, and the prediction turns out to be wrong, the customer is obligated to pay whatever the "actual" amount is.
At the same time, not all predictions are the same: the provider can't pretend the payment will be much lower than they know it will be, and sometimes the prediction is part of the contract and obligates the provider to charge that amount.
Your situation sounds awfully complicated, and so it needs a complete professional review (particularly of the contract language) to give you any straight answer.
The attorney general's office threat is a bit odd; it sounds like they'd have a garden-variety breach of contract claim if you didn't pay, but nothing rising to the level of criminal fraud.