Legal Opinion

State Ex Rel. Commissioner of Insurance v. North Carolina Rate Bureau

Court of Appeals of North Carolina

Decided May 7, 1991No. 9010INS647PublishedCited by 6 opinions

1Opinion of the Court

EAGLES, Judge.

The sole question presented here is whether the Commissioner of Insurance erred in failing to order the release of funds placed in escrow pending judicial review of the Commission’s 1 February 1988 order. Because this appeal is interlocutory, we dismiss it.

The Rate Bureau appeals from the order of the Commissioner dated 1 March 1990 that denied its motion for the release of funds held in escrow under G.S. 58-36-25. “Fragmentary, piecemeal appeals from interlocutory orders are not usually permitted in this state; they are authorized only when it appears that a substantial right…

2Cases cited5 opinions

  1. Veazey v. City of DurhamSupreme Court of North Carolina · 1950
  2. In Re the Assessment of Additional Sales & Use Taxes Against Halifax Paper Co.Supreme Court of North Carolina · 1963
  3. Cowart v. HoneycuttSupreme Court of North Carolina · 1962
  4. State ex rel. Commissioner of Insurance v. North Carolina Rate BureauCourt of Appeals of North Carolina · 1989
  5. Shuping v. NCNB National Bank of North CarolinaCourt of Appeals of North Carolina · 1989

3Cited by6 opinions

  1. Living Centers-Southeast, Inc. v. N.C. Department of Health & Human ServicesCourt of Appeals of North Carolina · 2000
  2. State Ex Rel. Utilities Commission v. Carolina Utility Customers Ass'nCourt of Appeals of North Carolina · 1991
  3. In re J.G.Court of Appeals of North Carolina · 2007
  4. State ex rel. Commissioner of Insurance v. North Carolina Rate BureauCourt of Appeals of North Carolina · 1991
  5. Wing v. Goldman Sachs Tr. Co.Court of Appeals of North Carolina · 2020

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