Insurance Institute v. Commissioner of the Office of Financial & Insurance Services

I agree with the majority that the Court should reach the substantive issues in this case.1 I respectfully dissent from its conclusion regarding the validity of the rules promulgated by defendant that prohibit insurers from classifying insureds on the basis of their credit records (the OFIS rules). Also, of particular concern to me is the majority’s harmless-error analysis. It is seriously flawed and sets a dangerous precedent for the future.

THE STANDARD OF REVIEW

In Luttrell v Dep’t of Corrections,2 this Court adopted a three-pronged test for analyzing the validity of an administrative…