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UNITED STATES FIDELITY & GUARANTY CO. v. BARNES

No. 78-810.

589 P.2d 76 (1978)

UNITED STATES FIDELITY AND GUARANTY COMPANY, a Maryland Corporation, Plaintiff-Appellee, v. J. Richard BARNES, Commissioner of Insurance of the State of Colorado, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

December 28, 1978.

Attorney(s) appearing for the Case

Wagner, Wyers, Vanatta & Spelts, P. C., Dean R. Vanatta, Denver, for plaintiff-appellee.

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Thomas Frank, Asst. Atty. Gen., Denver, for defendant-appellant.

Edward A. Jersin, Denver, amicus curiae, for Independent Insurors of Colorado, Inc.

PIERCE, Judge.

The Commissioner of Insurance found that the underwriting policies of United States Fidelity and Guaranty Company (USF&G), were unfairly discriminatory in violation of § 10-4-402, C.R.S.1973. The district court reversed, and the Commissioner appeals. We affirm.

In September of 1977, after receiving a complaint from an insured, the Commissioner issued a Notice of Hearing to USF&G, charging it with rate regulation violations under...

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