Consumer Credit Ins. Ass'n v. State

The plaintiff, Consumer Credit Insurance Association (Association), brought this action to enjoin an insurance regulation promulgated by the Department of Banking and Insurance (the agency). The trial court held that the agency lacked statutory authority to promulgate the regulation and granted the injunction.

The principal issue presented by the agency’s appeal is whether the regulation was authorized by statute. We conclude that it was and reverse, except as to § 12(3) of the regulation which we hold does exceed the statutory authority of the agency.

The regulation at issue relates…