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CALHOUN LIFE INS. CO. v. GAMBRELL

18316

245 S.C. 406 (1965)

140 S.E.2d 774

CALHOUN LIFE INSURANCE COMPANY and Calhoun Fire and Casualty Insurance Co., Respondents, and Woodrow Easler, as Agent for Better Loans, Inc., C.V. Bennett, as Agent for Lewis-Bennett Finance Company, Inc., C.A. Byce, as Agent for Guarantee Loan Company, Inc., and M.E. Byce, as Agent for Lane Finance Company, Inc., Intervening Respondents, v. Charles W. GAMBRELL, as Chief Insurance Commissioner, and the Insurance Commission of South Carolina, Appellants.

Supreme Court of South Carolina.

March 5, 1965.

Attorney(s) appearing for the Case

Messrs. Daniel R. McLeod, Attorney General, William L. Pope, Assistant Attorney General, and Glen E. Craig, General Counsel, South Carolina Insurance Commission, of Columbia, for Appellants.

Messrs. Marchant, Bristow & Bates and Edwin H. Cooper, of Columbia, for Respondents, and Moore & Stoddard, of Spartanburg, for Intervening Respondents.

Messrs. Daniel R. McLeod, Attorney General, William L. Pope, Assistant Attorney General, and Glen E. Craig, General Counsel, South Carolina Insurance Commission, of Columbia, for Appellants, in Reply.

March 5, 1965.

BUSSEY, Justice.

The basic question involved in this appeal is whether or not the Insurance Commission of South Carolina has any statutory authority to regulate both the rates and the commissions paid in connection therewith on credit life and credit health and accident insurance.

By way of historical background, it appears that subsequent to the enactment, in 1956 and 1957, of what is now Chapter 9, Title 8, of the 1962 Code of Laws...

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