State Ex. Rel. Commissioner of Insurance v. North Carolina Automobile Rate Administrative Office

Court of Appeals of North Carolina

State Ex. Rel. Commissioner of Insurance v. North Carolina Automobile Rate Administrative Office

223 S.E.2d 512, 29 N.C. App. 182, 1976 N.C. App. LEXIS 2410

CourtCourt of Appeals of North Carolina

DecidedApril 7, 1976

Docket7510INS974

StatusPublished

Cited by2 cases

This text of 223 S.E.2d 512 (State Ex. Rel. Commissioner of Insurance v. North Carolina Automobile Rate Administrative Office) 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.

Bluebook

State Ex. Rel. Commissioner of Insurance v. North Carolina Automobile Rate Administrative Office, 223 S.E.2d 512, 29 N.C. App. 182, 1976 N.C. App. LEXIS 2410 (N.C. Ct. App. 1976).

Pincite

Opinion

HEDRICK, Judge.

G.S. 58-27.2 provides in pertinent part:

“Whenever any statuory or licensed insurance rating bureau . . . making its own rate filings makes any proposal to revise an existing rating schedule, the effect of which is to increase or decrease the charge for insurance . . . and such rating schedules are subject to the approval of the Commissioner, such bureau . . . shall file its proposed change and supporting data with the Commissioner who shall thereafter, before acting upon any such proposal, order a public hearing thereon . . . . ”

The record before us demonstrates that the Commissioner of Insurance did not “order a public hearing” before taking action disapproving the “filing” of 1 July 1975. The Commissioner had no authority to disapprove the proposed rates without conducting a public hearing. The order appealed from is vacated and the cause is remanded to the Commissioner for further proceedings as by law required.

Vacated and remanded.

Judges Morris and Arnold concur.

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