State Farm Mutual Automobile Insurance v. Smith

Gregory, Justice:

Appellants State Farm Mutual Automobile Insurance Company and Allstate Insurance Company brought these actions challenging the constitutionality of Section 76 of Act 178 of the Joint Acts and Resolutions of 1981 and seeking recovery of assessments paid under protest to respondent Chief Insurance Commissioner. We affirm.

Act 178 of 1981 is the general appropriations act. Section 76 of the Act sets forth the sums of money appropriated to meet the ordinary expenses of the Insurance Department. Section 76 further provides:

[Notwithstanding any other provision of law, the Chief…