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SMITH INSURANCE, INC. v. GRIEVANCE COMMITTEE

No. 80-087.

120 N.H. 856 (1980)

SMITH INSURANCE, INC. v. THE GRIEVANCE COMMITTEE & a.

Supreme Court of New Hampshire.

December 23, 1980.

Attorney(s) appearing for the Case

Barto & Gfroerer, of Concord (Michael G. Gfroerer orally), for Smith Insurance, Inc.

Gregory H. Smith, acting attorney general (Andrew R. Grainger, assistant attorney general, orally), for the Grievance Committee.

Wadleigh, Starr, Peters, Dunn & Kohls, of Manchester (Charles J. Dunn orally), for Middlesex Insurance Company.

Sheehan, Phinney, Bass & Green, of Manchester (Nicholas J. Lazos orally), for the intervenors, Independent Insurance Agents of New Hampshire and Professional Insurance Agents of New England.

KING, J.

In this case we address the constitutionality of RSA 402:75 (Supp. 1979), establishing the Grievance Committee empowered to review the termination by insurance companies of agency agreements between the companies and their agents. We hold that the statute is unconstitutional as an unlawful delegation of legislative power, an unlawful usurpation of judicial power, and an unlawful interference with pre-existing contracts...

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