Blue Cross & Blue Shield of Delaware, Inc. v. Elliott

TAYLOR, Judge.

By decision dated March 17, 1983 the Delaware Insurance Commissioner [Commissioner] held that rates which appellant Blue Cross & Blue Shield [Blue Cross] had filed were excessive under 18 Del. C. § 2503 and allowed a lesser rate increase. The parties have submitted briefs and had oral argument.

I

An initial issue raised by Blue Cross is whether the Commissioner’s decision should be reversed because the Commis*846sioner was disqualified from deciding this matter. The issue of disqualification was raised by Blue Cross during the rate proceedings. Blue Cross contends that shortly after a…