Elliott v. Blue Cross & Blue Shield of Delaware, Inc.

CHRISTIE, Justice:

This appeal involves the question of whether a disallowance and rollback of filed health insurance rates may be enforced by the Insurance Commissioner where the Commissioner has conducted a hearing and the evidence has revealed that the prior rates, which will be reinstituted on account of the rollback, are inadequate.

Delaware is a “file and use” state in regard to specific lines of insurance. “[T]he term ‘file and use’ is understood to mean that an insurer who files a new rate may use it upon, or within a self-designated time after, filing, without the requirement of first…