OMEGA NAT'L INS. CO. v. MARQUARDT

No. 56255-5.

115 Wn.2d 416 (1990)

799 P.2d 235

OMEGA NATIONAL INSURANCE COMPANY, ET AL, Appellants, v. RICHARD G. MARQUARDT, as Insurance Commissioner, Respondent. AMERICAN COUNCIL OF LIFE INSURANCE, ET AL, Appellants, v. RICHARD G. MARQUARDT, as Insurance Commissioner, Respondent.

The Supreme Court of Washington, En Banc.

October 25, 1990.


Attorney(s) appearing for the Case

Carney, Stephenson, Badley, Smith & Spellman, P.S., and Basil L. Badley and Stuart C. Allen; Brink & Todd and Daniel Brink, for appellants.

Kenneth O. Eikenberry, Attorney General, and Donald F. Cofer, Assistant, for respondent.

Gary D. Simms and Laurence E. Mason on behalf of the American Academy of Actuaries, amici curiae for appellants.

Rocky V. Lindell, Henry E. Lippek, and David B. Simmons on behalf of the National Association of Insurance Commissioners, amici curiae for respondent.

Patricia A. Smith, Steven Zaleznick, Robin Talbert, Lisa Brodoff, and Jonathan Sheldon on behalf of the American Association of Retired Persons, amici curiae for respondent.


ANDERSEN, J.

FACTS OF CASE

In this case, several insurance companies and an insurance trade association challenge the validity of an administrative rule prohibiting the sale of certain kinds of life insurance policies deemed unfair or deceptive by the State of Washington Insurance Commissioner (hereafter the Commissioner).

On December 6, 1988, the Commissioner adopted WAC 284-23-550 (hereafter the rule). In the Commissioner's statement filed with...

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