OCCIDENTAL LIFE INS. CO. OF N. C. v. INGRAM

No. 7710SC861.

240 S.E.2d 460 (1977)

34 N.C. App. 619

OCCIDENTAL LIFE INSURANCE COMPANY OF NORTH CAROLINA and Olic Holding Corporation, Petitioners, v. John R. INGRAM, Commissioner of Insurance, State of North Carolina.

Court of Appeals of North Carolina.

December 7, 1977.


Attorney(s) appearing for the Case

Ragsdale, Liggett & Cheshire by George R. Ragsdale, Peter M. Foley, William J. Bruckel, Jr., and Michael A. Swann, Raleigh, for petitioners appellees.

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


PARKER, Judge.

Two basic questions are presented by this appeal: First, whether the record adequately supports the court's findings and its conclusion that the respondent Commissioner of Insurance acted arbitrarily and capriciously when he disapproved petitioners' proposed plan of exchange, and, if that question be answered in the affirmative, second, whether the court exceeded its power and authority by issuing its mandatory injunction requiring the respondent to...

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