State Ex Rel. Commissioner of Insurance v. North Carolina Automobile Rate Administrative Office

EXUM, Justice.

This appeal raises questions regarding the validity of two orders entered by the Commissioner for the purpose of implementing General Statutes 58-30.3 and 58-30.4. 3

In essence these statutes, introduced in the General Assembly and hereinafter referred to as House Bill 28, sought to prohibit the use of age or sex as criteria for rating operators of private passenger automobiles for automobile insurance purposes and to insure that a larger proportion, “not less than one fourth,” of the premium income of automobile insurers be derived from those insureds who either had poor driving…