ELLIOTT v. BLUE CROSS & BLUE SHIELD, ETC.


407 A.2d 524 (1979)

David H. ELLIOTT, Insurance Commissioner of the State of Delaware, Defendant Below, Appellant, v. BLUE CROSS AND BLUE SHIELD OF DELAWARE, INCORPORATED, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided September 12, 1979.


Attorney(s) appearing for the Case

Dana S. Shreve, Asst. Atty. Gen., Wilmington, for appellant.

Max S. Bell, Jr., of Richards, Layton & Finger, Wilmington, for appellee; W. Michael Ireland of Blue Cross and Blue Shield of Delaware, Inc., Wilmington, of counsel.

Before HERRMANN, Chief Justice, DUFFY and HORSEY, Justices.


HORSEY, Justice:

This appeal concerns the construction of a provision of Chapter 25 of the Delaware Insurance Code, Title 18, dealing with regulation of rates of certain lines of insurance and Section 2507 thereof as to disapproval by the Insurance Commissioner of rate filings.

The Commissioner appeals from an order of the Court of Chancery enjoining him from disapproving and nullifying new rate filings of Blue Cross...

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