Insurance Institute v. Commissioner of the Office of Financial & Insurance Services

This case concerns the validity of rules promulgated by defendant Commissioner of Financial & Insurance Services (the OFIS rules)1 banning the practice of “insurance scoring” under Chapters 21, 24, and 26 of the Insurance Code. The trial court ruled that the rules were “illegal, invalid, and unenforceable” and permanently enjoined defendant from enforcing them. The Court of Appeals issued three separate opinions, which vacated the circuit court’s order but did not agree on a rationale. We hold that the Commissioner exceeded her authority by promulgating the OFIS rules because they are…