Legal Opinion · Dissent
York Insurance of Maine, Inc. v. Superintendent of Insurance
Supreme Judicial Court of Maine
Decided April 7, 2004Published
1DissentCalkins, J.
[¶ 27] I respectfully dissent. I would vacate the judgment of the Superior Court, thereby affirming, and deferring to, the Superintendent’s decision.
[¶ 28] When we review an administrative decision we uphold the decision unless the agency has abused its discretion, made an error of law, or its findings are not supported by the evidence. Reardon v. Dep’t of Human Servs., 2003 ME 65, ¶ 5, 822 A.2d 1120, 1122. We do not substitute our judgment for that of the agency. Seider v. Bd. of Exam’rs of Psychologists, 2000 ME 118, ¶ 29, 754 A.2d 986, 993. We do not overturn the agency’s factual findings…
2Cases cited8 opinions
- City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
- Federal Communications Commission v. Beach Communications, Inc.Supreme Court of the United States · 1993
- Central State Univ. v. American Assn. of Univ. Professors, Central State Univ. ChapterSupreme Court of the United States · 1999
- Guilford Transportation Industries v. Public Utilities CommissionSupreme Judicial Court of Maine · 2000
- Conservation Law Foundation, Inc. v. Department of Environmental ProtectionSupreme Judicial Court of Maine · 2003
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