State ex rel. Commissioner of Insurance v. North Carolina Rate Bureau
Court of Appeals of North Carolina
Appeal by North Carolina Rate Bureau from order entered 2 July 1990 by the Commissioner of Insurance. Heard in the Court of Appeals 27 August 1991. On 1 July 1987 the North Carolina Rate Bureau filed for rate increases for private passenger automobile and motorcycle insurance. In an order dated 1 February 1988 the Commissioner disapproved in part the filing and ordered into effect overall decreases in the existing rates.
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Appeal by North Carolina Rate Bureau from order entered 2 July 1990 by the Commissioner of Insurance. Heard in the Court of Appeals 27 August 1991. On 1 July 1987 the North Carolina Rate Bureau filed for rate increases for private passenger automobile and motorcycle insurance. In an order dated 1 February 1988 the Commissioner disapproved in part the filing and ordered into effect overall decreases in the existing rates. The Commissioner’s action was based on his adoption of expense trends and underwriting profit and contingency provisions lower than those used in the filing. The Rate Bureau…
1Opinion of the Court
EAGLES, Judge.
[1] The Rate Bureau first contends that the Commissioner erred by failing to distribute the funds held in escrow under G.S. 58-36-25(b). We disagree.
G.S. 58-36-25(b) provides for the distribution of escrowed funds “upon a final determination by the Court.” The Rate Bureau argues that this Court’s decision at 95 N.C. App. 157, '381 S.E.2d 801 (1989), which remanded the matter to the Commissioner for further findings, constituted a “final determination” under G.S. 58-36-25(b). The Rate Bureau also contends that the Commissioner’s disapproval order entered 1 February 1988 was…
2Cases cited2 opinions
- State ex rel. Commissioner of Insurance v. North Carolina Rate BureauCourt of Appeals of North Carolina · 1989
- State Ex Rel. Commissioner of Insurance v. North Carolina Rate BureauCourt of Appeals of North Carolina · 1991