N.C. STEEL, INC.; N.C. Steel Erectors, Inc.; N.C. Steel Management, Inc.; N.C. Steel Fabricators, Inc.; Aircraft Services of Raleigh, Inc.; Montague Building Company; Smith & Smith, Surveyors, P.A., and North Carolina Marble & Granite
v.
NATIONAL COUNCIL ON COMPENSATION INSURANCE; National Workers' Compensation Reinsurance Pool; North Carolina Rate Bureau; Aetna Casualty & Surety Company; CIGNA Insurance Company and Ins. Co. of North America; Employers Ins. of Wausau a Mutual Company; Fidelity & Casualty Co. of N.Y.; Hartford Underwriters Insurance Company; Liberty Mutual Insurance Company; Michigan Mutual Insurance Company; National Surety Corporation; St. Paul Fire & Marine Insurance Company; The Travelers Insurance Company; and United States Fidelity and Guaranty Company.
Supreme Court of North Carolina.https://leagle.com/images/logo.png
March 6, 1998.
March 6, 1998.
Attorney(s) appearing for the Case
Lore & McClearen by R. James Lore, Raleigh, for plaintiff-appellants and plaintiff-appellees.
Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan by James D. Blount, Jr., Raleigh, and Steptoe & Johnson by Mark F. Horning, Washington, DC, for The Aetna Cas. & Surety Co.; Womble, Carlyle, Sandridge & Rice by Pressly M. Millen, Raleigh, for National Council on Compensation Insurance and National Workers' Compensation Reinsurance Pool; Young, Moore, Henderson & Alvis by R. Michael Strickland, Raleigh, for N.C. Rate Bureau; Poyner & Spruill by John R. Jolly, Jr., Raleigh, for CIGNA Ins. Co. and Ins. Co. of North America; Ragsdale, Liggett & Foley by George R. Ragsdale, Raleigh, for Employers Ins. of Wausau; Cranfill, Sumner & Hartzog by Dan M. Hartzog, Raleigh, for Fidelity & Cas. Co. of New York; Moore & Van Allen by Joseph W. Eason and Denise Smith Cline, Raleigh, for Hartford Underwriters Ins. Co.; Manning, Fulton & Skinner by John B. McMillan, Raleigh, for Liberty Mutual Ins. Co.; Moore & Van Allen by Joseph W. Eason and Denise Smith Cline, Raleigh, for Michigan Mutual Ins. Co.; Maupin, Taylor, Ellis & Adams by M. Keith Kapp, Raleigh, for National Surety Corp.; Petree Stockton, L.L.P. by John L. Sarratt, Raleigh, for St. Paul Fire & Marine Ins. Co.; Parker, Poe, Adams & Bernstein by John F. Graybeal, Raleigh, for Travelers Ins. Co.; and Tharrington, Smith & Hargrove by Douglas E. Kingsbery, Raleigh, for United States Fidelity & Guaranty Co., defendant-appellants and defendant-appellees.
The Alliance of American Insurers by Ann W. Spragens, Senior Vice President and General Counsel, Schaumberg, IL, amicus curiae.
Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan by B. Davis Horne, Jr., Raleigh, on behalf of American Insurance Association and National Association of Independent Insurers, amici curiae.
Supreme Court of North Carolina.
WEBB, Justice.
The gravamen of the plaintiffs' claim is that the defendants withheld certain evidence from the Insurance Commissioner in a rate case decided in 1992, causing the Commissioner to approve excessive rates for workers' compensation insurance. The materials submitted at the hearing on the motion for summary judgment showed that workers' compensation insurance, with minor exceptions, is mandatory. N.C.G.S. § 97-9 (1991). Employers may be self-insured...
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