State ex rel. Commissioner of Insurance v. North Carolina Automobile Rate Administrative Office

HEDRICK, Judge.

Our primary concern on this appeal is whether the Commissioner of Insurance has the statutory authority to establish premium rate classifications for the private passenger automobile liability insurance sold in this state without using age and sex as criteria in establishing such classifications.

The only authority the Commissioner has to establish rate classifications is that power which is delegated to him by the Legislature. Comr. of Insurance v. Automobile Rate Office, 19 N.C. App. 548, 199 S.E. 2d 479 (1973), cert. denied, 284 N.C. 424, 200 S.E. 2d 663 (1973) ; Article 25,…