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

No. 91.

231 S.E.2d 882 (1977)

292 N.C. 70

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

Supreme Court of North Carolina.

February 8, 1977.

Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by Isham B. Hudson, Jr., Asst. Atty. Gen. and Hunter & Wharton by John V. Hunter, III, Raleigh, for plaintiff.

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

HUSKINS, Justice.

We first turn to the contention of the Rating Bureau that the proposed rates were "deemed" approved under G.S. 58-131.1 upon failure of the Commissioner, in writing, to disapprove the rates within 60 days after submission.

G.S. 58-131.1, codified from Chapter 380 of the 1945 Session Laws, reads as follows:

"No rating method, schedule, classification, underwriting rule, bylaw, or regulation shall become effective or be applied by...

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