State Ex. Rel. Commissioner of Insurance v. North Carolina Automobile Rate Administrative Office
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
(South Eastern Reporter, Second Series)
State Ex. Rel. Commissioner of Insurance v. North Carolina Automobile Rate Administrative Office
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 December 31, 2025. Source: CourtListener bulk data.