Legal Opinion

In Re a Declaratory Ruling by the North Carolina Commissioner of Insurance Regarding 11 N.C.A.C. 12.0319

Court of Appeals of North Carolina

Decided July 6, 1999No. COA98-927PublishedCited by 22 opinions

1Opinion of the Court

MARTIN, Judge.

On 26 September 1978 the North Carolina Department of Insurance (NCDOI) adopted a rule pursuant to the North Carolina Administrative Procedures Act (currently codified as N.C. Gen. Stat. § 150B), stating that “Life or accident and health insurance forms shall not contain a provision allowing subrogation of benefits.” 11 N.C.A.C. 12.0319 (anti-subrogation rule). The validity of this rule is the subject of this dispute. Employers Health Insurance Company (Employers) and Blue Cross Blue Shield of North Carolina (BCBS) filed a joint petition on 15 October 1997 seeking a formal…

2Cases cited48 opinions

  1. Yick Wo v. HopkinsSupreme Court of the United States · 1886
  2. Washington v. DavisSupreme Court of the United States · 1976
  3. United States v. Morton Salt Co.Supreme Court of the United States · 1950
  4. Hughes v. Alexandria Scrap Corp.Supreme Court of the United States · 1976
  5. German Alliance Insurance v. LewisSupreme Court of the United States · 1914

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3Cited by22 opinions

  1. City of Albuquerque v. New Mexico Public Regulation CommissionNew Mexico Supreme Court · 2003
  2. Affordable Care, Inc. v. North Carolina State Board of Dental ExaminersCourt of Appeals of North Carolina · 2002
  3. Occaneechi Band of the Saponi Nation v. North Carolina Commission of Indian AffairsCourt of Appeals of North Carolina · 2001
  4. Liptrap v. CoyneCourt of Appeals of North Carolina · 2009
  5. Christenbury Surgery Center v. North Carolina Department of Health & Human ServicesCourt of Appeals of North Carolina · 2000

17 more not listed; retrieve them via the Exa API.

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