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ST. PAUL COMPANIES, INC. v. HATCH

No. C5-88-2392.

449 N.W.2d 130 (1989)

The ST. PAUL COMPANIES, INC., Petitioner, Appellant, v. Michael A. HATCH, Commissioner of the Minnesota Department of Commerce, et al., Alleghany Corporation, Respondents.

Supreme Court of Minnesota.

December 15, 1989.

Attorney(s) appearing for the Case

James B. Loken, Jeannine L. Lee, Lori A. Wagner, Faegre & Benson, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., Alan I. Gilbert, Gregory P. Huwe, Peggy J. Birk, St. Paul, for Michael Hatch.

Thomas W. Tinkham, Leslie J. Anderson, David R. Abrams, Dorsey & Whitney, Minneapolis, for Alleghany Corp.

Heard, considered and decided by the court en banc.

YETKA, Justice.

Is a statute which provides for a trial de novo review by the district court of a decision by the Commissioner of Commerce under Minn.Stat. § 60D.12, subd. 1 (1988) (the Insurance Holding Company Systems Act) constitutional? If so, how should such a review be conducted and what is the scope of the trial court's authority? Both the trial court and the court of appeals refused to undertake a review of the commissioner's order under the aforesaid...

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