State ex rel. Commissioner of Insurance v. Compensation Rating & Inspection Bureau

Court of Appeals of North Carolina

State ex rel. Commissioner of Insurance v. Compensation Rating & Inspection Bureau

221 S.E.2d 96, 28 N.C. App. 409, 1976 N.C. App. LEXIS 2710

CourtCourt of Appeals of North Carolina

DecidedJanuary 21, 1976

DocketNo. 7510INS636

StatusPublished

Cited by3 cases

This text of 221 S.E.2d 96 (State ex rel. Commissioner of Insurance v. Compensation Rating & Inspection Bureau) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State ex rel. Commissioner of Insurance v. Compensation Rating & Inspection Bureau, 221 S.E.2d 96, 28 N.C. App. 409, 1976 N.C. App. LEXIS 2710 (N.C. Ct. App. 1976).

Pincite

Opinion

MARTIN, Judge.

Appellant contends that the order of the Commissioner dated 25 April 1975 disapproving the rate filing proposal is contrary to the applicable statutory rate-making procedure found in G.S. 58-27.2 (a) in that the Commissioner failed to hold a hearing on the matter. We agree.

To affirm an order denying rate increases when there was no opportunity for notice and hearing subjects both the public and the insurance carriers to danger of arbitrary action by the Commissioner.

Reversed and remanded for further proceedings in accordance with this opinion.

Judges Morris and Parker concur.

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