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MUHL v. MAGAN

No. 153, September Term, 1987.

313 Md. 462 (1988)

545 A.2d 1321

EDWARD J. MUHL, INSURANCE COMMISSIONER OF THE STATE OF MARYLAND ET AL. v. MICHAEL O. MAGAN.

Court of Appeals of Maryland.

August 29, 1988.

Attorney(s) appearing for the Case

David M. Funk (Bryan D. Bolton, Shapiro and Olander, all on brief), Baltimore, Kathleen M. Sweeney, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., both on brief), Baltimore, for appellants.

George A. Nilson, John A. Singer, Piper & Marbury, Baltimore, Ronald S. Gass, Washington, D.C., amicus curiae for American Ins. Ass'n.

Edward J. Birrane, Jr. (Steven Scott Stephens and Birrane, Harlan & Sharretts, all on brief), Baltimore, for appellee.

Argued before MURPHY, C.J., ELDRIDGE, COLE, RODOWSKY, McAULIFFE, and BLACKWELL, JJ., and MARVIN H. SMITH, Associate Judge of the Court of Appeals of Maryland (retired), Specially Assigned.

RODOWSKY, Judge.

In this administrative appeal from the Insurance Division, involving statutory regulation of medical malpractice underwriting, a combination of circumstances has allowed the case to progress to this Court without the Division ever having expressed a considered evaluation of the merits. Due regard for the administrative process requires that the matter be remanded to the Division for the application of its expertise.

I

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