RESERVE LIFE INS. v. COM'R OF COMMERCE

No. C2-86-1891.

402 N.W.2d 631 (1987)

In the Matter of the Application of Reserve Life Insurance Company for Approval of Policy and Application Forms CA82, AL9085, AL9185, PDI85, PRT85 and PUL85: RESERVE LIFE INSURANCE COMPANY, Relator, v. COMMISSIONER OF COMMERCE, Respondent.

Court of Appeals of Minnesota.

Review Denied May 20, 1987.


Attorney(s) appearing for the Case

Christopher J. Dietzen, John E. Diehl, Larkin, Hoffman, Daly & Lindgren, Ltd., Minneapolis, for relator.

Hubert H. Humphrey, III, Atty. Gen., John C. Bjork, Sp. Asst. Atty. Gen., St. Paul, for respondent.

Heard, considered and decided by HUSPENI, P.J., and PARKER and LESLIE, JJ.


OPINION

LESLIE, Judge.

Reserve Life Insurance Company appeals from a decision of the Commissioner of Commerce disapproving several of its insurance applications and forms. Reserve claims the agency's decision was unsupported by substantial evidence, arbitrary and capricious, and based on an erroneous theory of law. It also argues the Commerce Department based its decision in part on an illegal, unpromulgated rule. We affirm.

FACTS

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