State ex rel. Commissioner of Insurance v. Compensation Rating & Inspection Bureau
State ex rel. Commissioner of Insurance v. Compensation Rating & Inspection Bureau
Opinion of the Court
The principal question for determination by the Commissioner was whether the increased rates filed by the Bureau were fair, reasonable and adequate. G.S. 97-100(a).
If the Commissioner determines, as he did in this case, that the rates are excessive, inadequate, unreasonable, unfairly
In the instant case the order disapproving the increased rates was an order or decision within the meaning of G.S. 97-104.1. The Commissioner determined that the rates filed were excessive, unreasonable, unfair or otherwise not in the public interest since he concluded that the rates currently in effect were reasonable, adequate, not unfairly discriminatory and in the public interest. However, his order is not based upon appropriate findings of fact as required, in our opinion, by G.S. 58-9.4. Without such findings of fact the order cannot be judicially reviewed by this Court.
This proceeding is remanded to the Commissioner of Insurance for appropriate findings of fact from the present record to support his conclusion that βthe current rates are reasonable, adequate, not unfairly discriminatory and in the public interest.β
Remanded.
Reference
- Full Case Name
- STATE OF NORTH CAROLINA, EX REL. COMMISSIONER OF INSURANCE v. COMPENSATION RATING AND INSPECTION BUREAU OF NORTH CAROLINA
- Cited By
- 1 case
- Status
- Published