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MATTER OF SENTRY INS. PAYBACK P. FILING

No. C4-89-837.

447 N.W.2d 454 (1989)

In the Matter of SENTRY INSURANCE PAYBACK PROGRAM FILING.

Court of Appeals of Minnesota.

November 7, 1989.

Attorney(s) appearing for the Case

Carl E. Norberg, St. Paul, for appellant Sentry Ins. Co.

Hubert H. Humphrey, III, Atty. Gen., Karyn M. (Kim) Greene, Sp. Asst. Atty. Gen., St. Paul, for respondent Minnesota Dept. of Commerce.

Heard, considered and decided by LANSING, P.J., and FOLEY and IRVINE, JJ.

OPINION

LANSING, Judge.

Sentry Insurance appeals the Commerce Commissioner's order disapproving its Payback endorsement after a hearing under the Administrative Procedure Act, Minn. Stat. § 14.01 et seq. Sentry contends the Commissioner's action is not supported by substantial evidence and is arbitrary and capricious. We conclude that the record as a whole contains substantial evidence that the endorsement is misleading and violates public policy...

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