State Ex. Rel. Commissioner of Insurance v. North Carolina Automobile Rate Administrative Office
State of North Carolina Ex. Rel., Commissioner of Insurance v. North Carolina Automobile Rate Administrative Office, Nationwide Mutual Insurance Company, State Farm Mutual Automobile Insurance Company, Allstate Insurance Company, the Aetna Casualty and Surety Company, the Travelers Indemnity Company, Hartford Accident and Indemnity Company, Lumbermen’s Mutual Casualty Company, Liberty Mutual Insurance Company, Maryland Casualty Company, the Shelby Mutual Insurance Company, American Motorists Insurance Company, and American Mutual Liability Insurance Company
Opinion
HEDRICK, Judge.
G.S. 58-27.2 provides in pertinent part:
“Whenever any statuory or licensed insurance rating bureau . . . making its own rate filings makes any proposal to revise an existing rating schedule, the effect of which is to increase or decrease the charge for insurance . . . and such rating schedules are subject to the approval of the Commissioner, such bureau . . . shall file its proposed change and supporting data with the Commissioner who shall thereafter, before acting upon any such proposal, order a public hearing thereon . . . . ”
The record before us demonstrates that the Commissioner of Insurance did not “order a public hearing” before taking action disapproving the “filing” of 1 July 1975. The Commissioner had no authority to disapprove the proposed rates without conducting a public hearing. The order appealed from is vacated and the cause is remanded to the Commissioner for further proceedings as by law required.
Vacated and remanded.
Judges Morris and Arnold concur.
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