Legal Opinion
State ex rel. Commissioner of Insurance v. State ex rel. Attorney General
Court of Appeals of North Carolina
Decided August 29, 1973No. 7310INS493PublishedCited by 5 opinions
1Opinion of the Court
BALEY, Judge.
The statutory method for judicial review of decisions by the Commissioner of Insurance concerning insurance rates is set out in G.S. 58-9.4 through G.S. 58-9.6.
G.S. 58-9.4 provides in part:
“. . . Any order or decision of the Commissioner, if supported by substantial evidence, shall be presumed to be correct and proper. . . .”
G.S. 58-9.6(e) sets out:
“Upon any appeal, the rates fixed or any rule, regulation, finding, determination, or order made by the Commissioner under the provisions of this Chapter shall be prima facie correct.”
The position of the Attorney General is that there…
2Cases cited7 opinions
- Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
- National Labor Relations Board v. Columbian Enameling & Stamping Co.Supreme Court of the United States · 1939
- State Ex Rel. Utilities Commission v. General Telephone Co. of the SoutheastSupreme Court of North Carolina · 1972
- In Re a Filing Made by the North Carolina Fire Insurance Rating BureauSupreme Court of North Carolina · 1969
- Utilities Commission v. . Trucking Co.Supreme Court of North Carolina · 1943
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State Ex Rel. Commissioner of Insurance v. North Carolina Rate BureauSupreme Court of North Carolina · 1980
- State Ex Rel. Commissioner of Insurance v. Rate BureauCourt of Appeals of North Carolina · 1979
- State Ex Rel. Com'r of Ins. v. State Ex Rel. Atty. Gen.Court of Appeals of North Carolina · 1973
- State ex rel. Commissioner of Insurance v. North Carolina Rate BureauCourt of Appeals of North Carolina · 1979
- State Ex Rel. Commissioner of Insurance v. State Ex Rel. Attorney GeneralSupreme Court of North Carolina · 1973