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ELLIOTT v. BLUE CROSS & BLUE SHIELD OF DEL.

463 A.2d 273 (1983)

David H. ELLIOTT, Insurance Commissioner, Respondent, Appellant, v. BLUE CROSS & BLUE SHIELD OF DELAWARE, INC., Petitioner, Appellee.

Supreme Court of Delaware.

Decided: July 7, 1983.

Attorney(s) appearing for the Case

Catherine S. Mulholland (argued), Deputy Atty. Gen., for appellant.

Max S. Bell, Jr. (argued), John J. Schreppler, II, Richards, Layton & Finger, and William E. Kirk, III, Blue Cross & Blue Shield of Delaware, Inc., Wilmington, of counsel, for appellee.

Before McNEILLY, HORSEY, and CHRISTIE, JJ.

CHRISTIE, Justice:

This appeal involves the question of whether a disallowance and rollback of filed health insurance rates may be enforced by the Insurance Commissioner where the Commissioner has conducted a hearing and the evidence has revealed that the prior rates, which will be reinstituted on account of the rollback, are inadequate.

Delaware is a "file and use" state in regard to specific lines of insurance....

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