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STATE EX REL. COM'R OF INS. v. N. C. FIRE INS.

No. 7610INS121.

228 S.E.2d 261 (1976)

30 N.C. App. 487

STATE of North Carolina ex rel. COMMISSIONER OF INSURANCE v. NORTH CAROLINA FIRE INSURANCE RATING BUREAU.

Court of Appeals of North Carolina.

August 18, 1976.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten, by Asst. Atty. Gen. Isham B. Hudson, Jr., Raleigh, for plaintiff.

Joyner & Howison, by Walton K. Joyner and Edward S. Finley, Jr., Raleigh, for defendant.

BROCK, Chief Judge.

The Bureau contends that the Commissioner's initial disapproval of the rates proposed by its 21 July 1975 filing was invalid because the Commissioner failed to comply with hearing requirement of G.S. 58-27.2(a), and, consequently, the proposed rates were "deemed approved" upon the Commissioner's failure to disapprove them "in writing within 60 days after submission" according to G.S. 58-131.1.

The apparent conflict between the hearing requirement...

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