State ex rel. Commissioner of Insurance v. North Carolina Fire Insurance Rating Bureau

BROCK, Chief Judge.

The Bureau contends that the Commissioner’s initial disapproval of the rates proposed by its 21 July 1975 filing was invalid because the Commissioner failed to comply with the hearing requirement of G.S. 58-27.2(a), and consequently, the proposed rates were “deemed approved” upon the Commissioner’s failure to disapprove them “in writing within 60 days after submission” according to G.S. 58-131.1.

The apparent conflict between the hearing requirement of G.S. 58-27.2 (a) and the “deemer provision” of G.S. 58-131.1 was resolved recently in Comr. of Insurance v. Rating Bureau,…