Legal Opinion

In Re Surcharge Classification 0133 by the Delaware Compensation Rating Bureau, Inc.

Superior Court of Delaware

Decided June 15, 1994PublishedCited by 3 opinions

1Opinion of the Court

OPINION

COOCH, Judge.

This is an appeal by the Delaware Compensation Rating Bureau, Inc. (DCRB) from a September 15,1993 order of the Insurance Commissioner of the State of Delaware (the Commissioner) in which order the Commissioner determined that “Surcharge Classification 0133” (“the Surcharge”) imposed on asbestos abatement companies by DCRB from April 11,1988 to February 28,1990 was unlawful, and which order also required DCRB to refund all premiums collected under the Surcharge for that period. On appeal, DCRB argues that the Commissioner lacked authority, on various legal and factual…

2Cases cited20 opinions

  1. Diamond v. ChakrabartySupreme Court of the United States · 1980
  2. Olney v. CoochSupreme Court of Delaware · 1981
  3. Claridge Apartments Co. v. CommissionerSupreme Court of the United States · 1944
  4. Coastal Barge Corp. v. Coastal Zone Industrial Control BoardSupreme Court of Delaware · 1985
  5. Transcontinental & Western Air, Inc. v. Civil Aeronautics BoardSupreme Court of the United States · 1949

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3Cited by3 opinions

  1. McCray v. FIDELITY NATIONAL TITLE INSURANCE COMPANYDistrict Court, D. Delaware · 2009
  2. Baxter v. Verizon CommunicationsSuperior Court of Delaware · 2024
  3. State v. NewmanSuperior Court of Delaware · 2018

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