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

No. 88.

241 S.E.2d 324 (1978)

294 N.C. 60

STATE of North Carolina ex rel. COMMISSIONER OF INSURANCE v. NORTH CAROLINA AUTOMOBILE RATE ADMINISTRATIVE OFFICE, Nationwide Mutual Insurance Company, State Farm Mutual Automobile Insurance Company, Allstate Insurance Company, the Aetna Casualty and Surety Company, the Travelers Indemnity Company, Hartford Accident and Indemnity Company, Great American Insurance Company, United States Fidelity and Guaranty Company, Lumbermen's Mutual Casualty Company, Liberty Mutual Insurance Company, Iowa National Mutual Insurance Company, St. Paul Fire and Marine Insurance Company, Unigard Mutual Insurance Company, Maryland Casualty Company, the Shelby Mutual Insurance Company, American Motorists Insurance Company, American Mutual Liability Insurance Company, Midwest Mutual Insurance Company, Universal Underwriters Insurance Company and Balboa Insurance Company. In the Matter of RATES AND RATING CLASSIFICATIONS FOR MOTORCYCLE INSURANCE; Order of the Commissioner entered August 22, 1975.

Supreme Court of North Carolina.

January 24, 1978.


Attorney(s) appearing for the Case

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

Allen, Steed & Allen, P. A., by Arch T. Allen, Lucius W. Pullen, Thomas W. Steed, Jr., and Arch T. Allen III; Bailey, Dixon, Wooten, McDonald & Fountain, by Wright T. Dixon, Jr.; Broughton, Broughton, McConnell & Boxley, P. A., by J. Melville Broughton, Jr.; Young, Moore, Henderson & Alvis, by Charles H. Young, and R. Michael Strickland, Manning, Fulton & Skinner, by Howard E. Manning, Raleigh, for appellees.


EXUM, Justice.

The most important question raised, and one which is determinative of the appeal, is whether the Commissioner exceeded his statutory authority by abolishing the primary use classifications and safe driver subclassifications for motorcycle liability insurance. The Court of Appeals concluded that he did, and we agree. We therefore vacate the order entered by him.

A full factual statement outlining the proceedings leading to the Commissioner's...

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