State Ex. Rel. Commissioner of Insurance v. North Carolina Automobile Rate Administrative Office
Cases that cite this one
2 later published cases cite this decision.
- State ex rel. Commissioner of Insurance v. North Carolina Rate Bureau (N.C. Ct. App. 1979)
- State ex rel. Commissioner of Insurance v. North Carolina Fire Insurance Rating Bureau (N.C. Ct. App. 1976)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
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.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.