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AMERICAN NAT. INS. CO. v. INGRAM

No. 8210SC232.

303 S.E.2d 649 (1983)

AMERICAN NATIONAL INSURANCE COMPANY, Petitioner-Plaintiff, v. John Randolph INGRAM, Commissioner of Insurance, State of North Carolina, Respondent-Defendant.

Court of Appeals of North Carolina.

July 5, 1983.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. Isham B. Hudson, Jr., Raleigh, for the State.

Allen, Steed & Allen by Charles D. Case and R. Bradley Miller, Moore, Van Allen & Allen, Raleigh, for petitioner-plaintiff.

BECTON, Judge.

This appeal concerns the Insurance Commissioner's statutory authority to issue regulation 11 N.C.A.C. 12.0502 and the constitutionality of this regulation, which, in relevant part, provides:

With respect to G.S. 58-251.2, entitled Renewability of Individual and Blanket Hospitalization and Accident and Health Insurance Policies, the provisions therein relative to rate increases on such policies is [sic] interpreted by the department to mean...

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