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METROPOLITAN LIFE v. INSURANCE COMM'R

No. 881, September Term, 1983.

58 Md. App. 457 (1984)

473 A.2d 933

METROPOLITAN LIFE INSURANCE COMPANY v. INSURANCE COMMISSIONER OF THE STATE OF MARYLAND.

Court of Special Appeals of Maryland.

April 11, 1984.

Attorney(s) appearing for the Case

Robert R. Baldwin, Asst. Gen. Counsel, with whom were Alan N. Gamse and Semmes, Bowen & Semmes, Baltimore, on brief, for appellant.

Kathleen M. Sweeney, Asst. Atty. Gen., with whom were Stephen H. Sachs, Atty. Gen., and Lynn Goldman Mathias, Asst. Atty. Gen., on brief, for appellee.

Argued before GILBERT, C.J., and WILNER and GARRITY, JJ.

WILNER, Judge.

We have before us a dispute between Metropolitan Life Insurance Company, a New York corporation (Metropolitan), and the State Insurance Commissioner over the amount of premium tax due by Metropolitan for 1971. The dispute arises from a difference of opinion concerning the application of Maryland's "retaliatory" premium tax (Md. Code Ann. art. 48A, § 61(1)). Metropolitan contends that one part of the tax statute — the last sentence of §...

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