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

BROCK, Chief Judge.

Initially, the defendants argue that it was improper for the Commissioner to review the 1970 filing. We agree. A new filing was mandated by G.S. 58-30.3 and G.S. 58-30.4, and a review of the 1970 filing could serve no present purpose. The request of the Rate Office to be allowed to withdraw the 1970 filing should have been granted. Comr. of Insurance v. Rating Bureau, 29 N.C. App. 237, 224 S.E. 2d 223 (1976). Apparently the Commissioner’s sole purpose in undertaking to review the 1970 filing was to use data from that proposal to formulate the rates adopted in his 22 August…