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STATE, ETC. v. NORTH CAROLINA AUTO. RATE, ETC.

No. 7410INS619.

209 S.E.2d 411 (1974)

23 N.C. App. 475

STATE of North Carolina ex rel. COMMISSIONER OF INSURANCE v. NORTH CAROLINA AUTOMOBILE RATE ADMINISTRATIVE OFFICE et al.

Court of Appeals of North Carolina.

Certiorari Denied January 7, 1975.

Attorney(s) appearing for the Case

Atty. Gen. James H. Carson, Jr. by Charles A. Lloyd, Asst. Atty. Gen. and Isham B. Hudson, Jr., Staff Atty. for the North Carolina Ins. Dept., Raleigh, for the Commissioner of Insurance.

Allen, Steed & Pullen by Arch T. Allen, Thomas W. Steed, Jr., and Lucius W. Pullen, Broughton, Broughton, McConnell & Boxley by John D. McConnell, Jr., Sanford, Cannon, Adams & McCullough by J. Allen Adams, and Hugh Cannon, Young, Moore & Henderson, Raleigh, by Charles M. Young, for defendant appellants.

Certiorari Denied by Supreme Court January 7, 1975.

HEDRICK, Judge.

Our primary concern on this appeal is whether the Commissioner of Insurance has the statutory authority to establish premium rate classifications for the private passenger automobile liability insurance sold in this state without using age and sex as criteria in establishing such classifications.

The only authority the Commissioner has to establish rate classifications is that power...

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