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COMMUNITY MUT. INS. CO. v. SUPERINTENDENT OF INSURANCE

No. 89-171.

52 Ohio St. 3d 187 (1990)

COMMUNITY MUTUAL INSURANCE COMPANY, APPELLANT, v. SUPERINTENDENT OF INSURANCE, APPELLEE.

Supreme Court of Ohio.

Decided July 3, 1990.

Attorney(s) appearing for the Case

Vorys, Sater, Seymour & Pease, John C. Elam, Michael J. Canter, Terry M. Miller and James C. Becker, for appellant.

Anthony J. Celebrezze, Jr., attorney general, Marc Kleiman; Benesch, Friedlander, Coplan & Aronoff, Orla E. Collier, James F. DeLeone and Thomas E. Berry, for appellee.

Climaco, Climaco, Seminatore, Lefkowitz & Garofoli Co., L.P.A., Kenneth F. Seminatore and Scott B. Schaffer, urging reversal for amicus curiae, Blue Cross & Blue Shield Mutual of Ohio.

Vorys, Sater, Seymour & Pease, William D. Kloss and Algenon L. Marbley, urging reversal for amicus curiae, Ohio Insurance Institute.

Per Curiam.

This case requires us to determine the degree of discretion afforded appellee, the Superintendent of Insurance, in approving or disapproving a rate increase filing under R.C. 3923.021. For the reasons that follow, we hold that absent evidence that the rates were not calculated in accordance with sound actuarial principles, the Superintendent must find that the benefits provided are not unreasonable in relation to the premium charged, and he must...

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