Court of Appeals of North Carolina, 1976

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

Court of Appeals of North Carolina · Decided January 21, 1976 · Martin, Morris, Parker

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

Cases that cite this one

3 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. COM'R OF INS. v. Comp. Rat. & Insp. Bur. (N.C. Ct. App. 1976)
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 of the Court

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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