AMERICAN BANKERS, ETC. v. DIV. OF CON., ETC.

Records Nos. 791180, 791189, 791193, 791198 and 791200 to 791204.

263 S.E.2d 867 (1980)

AMERICAN BANKERS LIFE ASSURANCE COMPANY OF FLORIDA; General Fidelity Life Insurance Company; Virginia Bankers Association; First Virginia Life Insurance Company; American Defender Life Insurance Company; Union Security Life Insurance Company; First Protection Life Insurance Company; Integon Life Insurance Corporation; Durham Life Insurance Company v. DIVISION OF CONSUMER COUNSEL, OFFICE OF ATTORNEY GENERAL, State Corporation Commission and Clarence Townsend.

Supreme Court of Virginia.

February 29, 1980.


Attorney(s) appearing for the Case

Robert P. Buford, Richmond (Lathan M. Ewers, Jr., Hunton & Williams, Richmond, on brief), for American Bankers Life Assur. Co. of Florida.

Howard W. Dobbins, Richmond (William A. Young, Jr., Wallerstein, Goode & Dobbins, Richmond, on brief), for General Fidelity Life Ins. Co.

John W. Edmonds, III, Richmond (Stephen A. Northup, Mays, Valentine, Davenport & Moore, Richmond, on brief), for Virginia Bankers Assn.

Edward L. Breeden, III, Norfolk (Breeden, Howard & MacMillan, Norfolk, on brief), for First Virginia Life Ins. Co.

Robert E. Payne, Richmond (O. Randolph Rollins, Laurence M. Hamric, McGuire, Woods & Battle, Richmond, on brief), for American Defender Life Ins. Co., First Protection Life Ins. Co., Integon Life Ins. Corp. and Durham Life Ins. Co.

Scott W. Williams, Charlottesville, Joan W. Murphy, Asst. Atty. Gen., Peter B. Smith, Richmond (Marshall Coleman, Atty. Gen., Richard D. Rogers, Richmond, on briefs), for appellees.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, POFF and COMPTON, JJ.


I'ANSON, Chief Justice.

In this appeal brought pursuant to Code § 12.1-39, we consider various challenges to the substance of the State Corporation Commission's "Rules Governing Credit Life Insurance" (hereafter referred to as the Rule) and the procedure used by the Commission in promulgating the Rule. The primary issues for resolution are whether provisions of the Rule exceed the Commission's statutory authority provided in Code §§ 38.1-482.1 through...

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