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MORGAN v. BLUE CROSS & BLUE SHIELD

Nos. 89-SC-146-TG, 89-SC-152-TG.

794 S.W.2d 629 (1989)

Leroy MORGAN, Commissioner of the Kentucky Department of Insurance; Kentucky Department of Insurance; Frederic J. Cowan, Attorney General of Kentucky; Consumer Protection Division of the Kentucky Department of Law, Appellants, v. BLUE CROSS AND BLUE SHIELD OF KENTUCKY, INC., a Mutual Insurance Company; Leroy Morgan, Commissioner of the Kentucky Department of Insurance; Kentucky Department of Insurance, Appellees.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing April 26, 1990.

Attorney(s) appearing for the Case

Patrick Watts, Dept. of Ins., Frankfort, for appellant Com'r of Ins.

Frederic J. Cowan, Atty. Gen., Nora K. McCormick, Director, Consumer Protection Div., Everett Hoffman, Asst. Atty. Gen., Consumer Protection Div., Frankfort, for appellant Atty. Gen. of Kentucky.

Craig H. Reynolds, Gen. Counsel, Blue Cross & Blue Shield, Louisville, Sam G. McNamara, D. Paul Alagia, Jr., Dandridge F. Walton, Frankfort, for appellees.

WINTERSHEIMER, Justice.

This appeal is from a judgment of the Franklin Circuit Court which reversed an order of the Commissioner of the Kentucky Department of Insurance which had disapproved certain rate filings submitted by Blue Cross and Blue Shield of Kentucky, Inc. on three direct-pay lines of health insurance. The circuit court judgment also dismissed a counterclaim by the Kentucky Attorney General which sought to have the rate filings disapproved on other grounds...

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