STATE EX REL. COM'R OF INS. v. STATE EX REL. ATTY. GEN.

No. 7210INS653.

193 S.E.2d 432 (1972)

16 N.C. App. 724

STATE of North Carolina ex rel. COMMISSIONER OF INSURANCE and the North Carolina Fire Insurance Rating Bureau v. STATE of North Carolina ex rel. ATTORNEY GENERAL.

Court of Appeals of North Carolina.

December 20, 1972.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, by Associate Atty. Benjamin H. Baxter, Jr., Raleigh, for appellant intervenor.

Joyner & Howison, by Walton K. Joyner, Raleigh, for North Carolina Fire Ins. Rating Bureau, appellee.

Hugh R. Owen, Department Staff Attorney, Raleigh, for North Carolina Department of Insurance, appellee.


MORRIS, Judge.

Intervenor poses as his first question for consideration the following: "Did the Commissioner of Insurance err in failing to make findings of fact necessary to support the determination that the present rates are inadequate because they are not producing a fair and reasonable profit to the companies writing automobile physical damage insurance in North Carolina?"

Among the facts found by the Commissioner is the following:

"7. The Bureau...

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