New Hampshire-Vermont Physician Service v. Durkin

The major issue in this case is whether the defendant insurance commissioner’s order of May 14, 1973, in reference to the operation of the Blue Shield plan in New Hampshire was within his statutory authority under RSA ch. 420. This order required the plaintiff to decrease its rates not later than July 1, 1973, by the amount of $718,610, an annualized decrease of 9 percent. It was accompanied by supplemental orders requiring the plaintiff among other things to:

1. Eliminate existing distinctions in coverage and rates between group and nongroup subscribers;

2. Upgrade insurance contracts offering…