Hamm v. CENTRAL STATES HEALTH & LIFE COMPANY OF OMAHA

Harwell, Justice:

This is an insurance rate case certified by the Court of Appeals to the Supreme Court pursuant to S. C. Code Ann. § 14-8-210(c) (Supp. 1988). The issues presented are (1) whether the Insurance Commissioner has the authority to order a refund when rates are determined to be unlawful and; (2) if such authority exists, did the Insurance Commissioner err by either failing to refund monies collected pursuant to an unlawful increase or by failing to account for overcharges in calculating the proper rate on remand. We reverse and remand.

FACTS

Respondent Central States Health and Life…