⚖ Oral Arguments, with Context

W.E.B. Production and Fabricating bought workers' compensation insurance from Insurance Company of the West. One part of the premium was a schedule-rating adjustment: a surcharge or discount based on listed workplace-risk factors. W.E.B. alleges the insurer instead used an undisclosed, profit-driven computer method to set that adjustment, then made its records look as though underwriters had followed the filed plan. A federal district judge dismissed the proposed class action before trial, finding that the complaint had not adequately alleged a breach of contract or an actual financial loss. The Seventh Circuit now considers whether the complaint can proceed, not whether the alleged secret method was actually used.

W.E.B. Production & Fabricating, Inc. v. Insurance Company of the West (No. 25-2823) — U.S. Court of Appeals for the Seventh Circuit, argued September 25, 2026.