Legal Opinion

State Ex Rel. Commissioner of Insurance v. North Carolina Rate Bureau

Court of Appeals of North Carolina

Decided November 7, 1989No. 8810INS599PublishedCited by 7 opinions

1Opinion of the Court

LEWIS, Judge.

The standard for appellate review of orders of the Insurance Commissioner is set forth in G.S. 150B-51 and G.S. 58-9.6. While it is the task of this Court to determine whether the Commissioner’s conclusions are supported by “material and substantial evidence in view of the entire record as submitted,” G.S. 58-9.6(a)(5), it is not our function to substitute our judgment for that of the Commissioner when the evidence is conflicting. Thompson v. Wake County Bd. of Educ., 292 N.C. 406, 410, 233 S.E.2d 538, 541 (1977). It is for the administrative agency “to determine the weight and…

2Cases cited3 opinions

  1. Thompson v. Wake County Board of EducationSupreme Court of North Carolina · 1977
  2. State Ex Rel. Commissioner of Insurance v. North Carolina Rate BureauSupreme Court of North Carolina · 1980
  3. State Ex Rel. Commissioner of Insurance v. North Carolina Rate BureauSupreme Court of North Carolina · 1980

3Cited by7 opinions

  1. State Ex Rel. Commissioner of Insurance v. North Carolina Rate BureauCourt of Appeals of North Carolina · 1996
  2. State ex rel. Commissioner of Insurance v. North Carolina Rate BureauSupreme Court of North Carolina · 1999
  3. State ex rel. Commissioner of Insurance v. North Carolina Rate BureauCourt of Appeals of North Carolina · 1998
  4. STATE EX REL. COM'R OF INS. v. Rate BureauCourt of Appeals of North Carolina · 1998
  5. State ex rel. Commissioner of Insurance v. North Carolina Rate BureauCourt of Appeals of North Carolina · 1990

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