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
Opinion
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.
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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).
223 S.E.2d 512 (State Ex. Rel. Commissioner of Insurance v. North Carolina Automobile Rate Administrative Office) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
State ex rel. Commissioner of Insurance v. North Carolina Rate Bureau
261 S.E.2d 671 (Court of Appeals of North Carolina, 1979)
State ex rel. Commissioner of Insurance v. North Carolina Fire Insurance Rating Bureau
224 S.E.2d 223 (Court of Appeals of North Carolina, 1976)