State ex rel. Commissioner of Insurance v. North Carolina Rate Bureau

I respectfully dissent from the majority’s opinion.

*435I.Issue

The issue before this court is whether the Commissioner’s order is supported by material and substantial evidence where the expert witness, whose opinion the Commissioner relied upon to support his findings of fact, ignored and expressly excluded consideration of statutorily required factors.

II.Standard of Review

On judicial review, this Court employs the “whole record test” to determine whether material and substantial evidence supports the findings of fact and conclusions of law of the Commissioner. State ex rel. Comm’r of Ins. v.…