State Ex Rel. Turpen v. Oklahoma State Board for Property & Casualty Rates

I concur in parts I and II of the majority opinion for the reasons stated therein.

Part III of the opinion, however, appears to my view to have resulted from a misconstruction of 36 O.S.1981 § 902, which charges appellee Oklahoma State Board for Property and Casualty Rates with the duty of reviewing rate filings. I therefore must dissent to the majority opinion’s treatment of the questions there involved.

The legislation in question, 36 O.S.1981 § 902, provides in subsection (A):

A. Rates for insurance shall not be excessive, inadequate, or unfairly discriminatory.

No rate shall be held to be…