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STATE FARM MUTUAL AUTO. INSURANCE v. LINDSAY

22521

288 S.C. 327 (1986)

342 S.E.2d 599

STATE FARM MUTUAL AUTOMOBILE INSURANCE, Respondent v. John W. LINDSAY, Chief Insurance Commissioner; the South Carolina Department of Insurance; and Irvin D. Parker, Consumer Advocate of South Carolina, Petitioners.

Supreme Court of South Carolina.

Decided April 7, 1986.

Attorney(s) appearing for the Case

Deputy Ins. Com'r L. Kennedy Boggs, Gen. Counsel Susanne K. Murphy, both of South Carolina Dept. of Ins., Columbia, for petitioners Chief Ins. Com'r and South Carolina Dept. of Ins.

Consumer Advocate Steven W. Hamm, Asst. Consumer Advocate Raymon E. Lark, Jr., and Staff Atty. Natalie J. Moore, all of South Carolina Dept. of Consumer Affairs for petitioner Consumer Advocate of South Carolina.

Stephen G. Morrison, of Nelson, Mullins, Grier & Scarborough, Columbia, for respondent.

Heard March 11, 1986.

Decided April 7, 1986.

GREGORY, Justice:

Respondent State Farm petitioned for an 11.4% automobile insurance rate increase. The South Carolina Insurance Commissioner, Petitioner, denied the request. On appeal, the Circuit Court found the Commissioner had erred in not considering prospective losses of the South Carolina Reinsurance Facility and remanded the matter to the Commissioner. Petitioners appealed, and the Court of Appeals...

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