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IN RE DECLARATORY RULING BY COM'R OF INS.

No. COA98-927.

517 S.E.2d 134 (1999)

In the Matter of A DECLARATORY RULING BY THE NORTH CAROLINA COMMISSIONER OF INSURANCE REGARDING 11 N.C.A.C. 12.0319.

Court of Appeals of North Carolina.

July 6, 1999.

Attorney(s) appearing for the Case

Attorney General Michael F. Easley, by Special Deputy Attorney General Lorinzo L. Joyner, Assistant Attorney Generals Francis J. Di Pasquantonio, Sue Y. Little and Ted R. Williams, for the State.

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P., by Michael E. Weddington and Deanna L. Davis, Raleigh, for appellee Employers Health Insurance Co.

Maupin, Taylor & Ellis, P.A., by M. Keith Kapp and Kevin W. Benedict, Raleigh, for appellees Blue Cross and Blue Shield of North Carolina.

Bailey & Dixon, L.L.P., by Alan J. Miles, amicus curiae, Raleigh, for North Carolina Association of Defense Attorneys.

Patterson, Harkavy & Lawrence, L.L.P., by Burton Craige, amicus curiae, Raleigh, for North Carolina Academy of Trial Lawyers.

Smith Helms Mulliss & Moore, L.L.P., by James G. Exum, Jr., and John J. Korzen, amicus curiae, Greensboro, for Citizens for Business and Industry, United HealthCare of North Carolina, Inc., Kaiser Foundation Health Plan of North Carolina, Fortis Provider Markets, Fortis Insurance Company, and Fortis Benefits Company.

MARTIN, Judge.

On 26 September 1978 the North Carolina Department of Insurance (NCDOI) adopted a rule pursuant to the North Carolina Administrative Procedures Act (currently codified as N.C. Gen.Stat. § 150B), stating that "Life or accident and health insurance forms shall not contain a provision allowing subrogation of benefits." 11 N.C.A.C. 12.0319 (anti-subrogation rule). The validity of this rule is the subject of this dispute. Employers Health Insurance...

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