Luksich

The sole question to be decided in this appeal is whether, under the uncontroverted facts presented in affidavits filed in support of defendant’s motion for summary judgment which the trial court granted, section 10214 of the Insurance Code requires defendant to apply the group life insurance premium refunds it has received for the benefit of plaintiff and the other insured employees of defendant, or may defendant retain such refunds? We have concluded that the trial court correctly resolved the question in defendant’s favor.

The pleadings and the affidavits submitted in support of and in opposition to the motion for summary judgment present *374 these undisputed facts: Plaintiff is an employee of defendant, Kaiser Steel Corporation, at defendant’s Fontana plant. She brought this action—a class action—seeking to recover for herself and other hourly-rated employees of defendant Kaiser, group life insurance premium refunds paid by certain insurance companies to defendant, as policy holder, under group insurance policies covering plaintiff and her fellow employees. The premium refunds represent an excess of premium payments or overcharge of premiums paid, which were returned at the…