EMP. MUT. LIABILITY, ETC. v. INS. DIV., ETC.

No. 76-3-4; CA 15070.

620 P.2d 497 (1980)

49 Or.App. 515

EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN, Petitioner, v. INSURANCE DIVISION, Department of Commerce, Respondent.

Court of Appeals of Oregon.

Decided December 1, 1980.


Attorney(s) appearing for the Case

Elizabeth K. Reeve, Portland, argued the cause for petitioner. With her on the briefs were Schwabe, Williamson, Wyatt, Moore & Roberts and Wayne A. Williamson, Portland.

Jan P. Londahl, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James M. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

Before GILLETTE, P.J., and ROBERTS and CAMPBELL, JJ.


GILLETTE, Presiding Judge.

Employers Mutual Liability Insurance Company (Employers) seeks review of the order of the Insurance Division (Division) finding that it violated two provisions of the Insurance Code, one prohibiting unfair discrimination between risks of essentially the same degree of hazard, and one prohibiting misrepresentation in the offer or sale of insurance. The alleged violations arose from the use of an assumed loss ratio in the calculation of dividends...

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