Insurance Institute v. Commissioner of the Office of Financial & Insurance Services

In this action for a declaratory judgment, defendant, Commissioner of the Office of Financial and Insurance Services (OFIS), appeals as of right the circuit court’s opinion and order granting a permanent injunction to plaintiffs and intervening plaintiffs. The circuit court declared certain administrative rules (rules) promulgated by defendant commissioner illegal, invalid, and unenforceable, and permanently enjoined defendant from enforcing the rules against any plaintiff or intervening plaintiff in the action. The members of this panel have come to different conclusions regarding the issues…