STATE, ETC. v. NORTH CAROLINA RATE BUREAU

No. 7910INS202.

259 S.E.2d 922 (1979)

43 N.C. App. 715

STATE of North Carolina ex rel. COMMISSIONER OF INSURANCE v. NORTH CAROLINA RATE BUREAU, North Carolina Reinsurance Facility, Nationwide Mutual Insurance Company, State Farm Mutual Automobile Insurance Company, the Aetna Casualty and Surety Company, Lumbermens Mutual Casualty Company, Great American Insurance Company, the Travelers Indemnity Company, United States Fire Insurance Company, the Shelby Mutual Insurance Company, American Motorist Insurance Company, Liberty Mutual Insurance Company.

Court of Appeals of North Carolina.

November 20, 1979.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Richard L. Griffin, Raleigh, for plaintiff-appellee.

Young, Moore, Henderson & Alvis by Charles H. Young and R. Michael Strickland, Raleigh, for defendants-appellants.


HEDRICK, Judge.

Appellants argue that the Commissioner "lacks statutory authority to order the Staff Plan into effect." In response the Commissioner asserts that, since his proposals constitute mere "modifications" of the Bureau plan, rather than a substitution thereof, his order is well within his statutory grant of supervisory authority over the Rate Bureau.

The Filing in question was mandated by the 1977 Legislature when it enacted G.S. § 58-124.19...

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