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HAMM v. CENTRAL STATES HEALTH & LIFE COMPANY OF OMAHA

23095

299 S.C. 500 (1989)

386 S.E.2d 250

Steven W. HAMM, Consumer Advocate for the State of South Carolina, Appellant v. CENTRAL STATES HEALTH AND LIFE COMPANY OF OMAHA, John G. Richards, V, Chief Insurance Commissioner, and the South Carolina Department of Insurance, Respondents.

Supreme Court of South Carolina.

Decided October 30, 1989.

Attorney(s) appearing for the Case

Steven W. Hamm, Raymon E. Lark, Jr., and Nancy J. Vaughn, all of S.C. Dept. of Consumer Affairs, Columbia, for appellant.

James C. Gray, Jr., of Nelson, Mullins, Riley & Scarborough; and Susanne K. Murphy, of S.C. Dept. of Ins., Columbia, for respondents.

Heard Sept. 18, 1989.

Decided Oct. 30, 1989.

HARWELL, Justice:

This is an insurance rate case certified by the Court of Appeals to the Supreme Court pursuant to S.C. Code Ann. § 14-8-210(c) (Supp. 1988). The issues presented are (1) whether the Insurance Commissioner has the authority to order a refund when rates are determined to be unlawful and; (2) if such authority exists, did the Insurance Commissioner...

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