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STATE EX REL. COM'R OF INS. v. RATE BUREAU

No. COA02-891.

586 S.E.2d 470 (2003)

STATE of North Carolina ex rel. COMMISSIONER OF INSURANCE, Appellee, v. NORTH CAROLINA RATE BUREAU, Appellant. In the Matter of the Filing dated May 1, 2001 by the North Carolina Rate Bureau for Revised Automobile Insurance Rates—Private Passenger Cars and Motorcycles.

Court of Appeals of North Carolina.

October 7, 2003.

Attorney(s) appearing for the Case

Young, Moore and Henderson, P.A., by R. Michael Strickland, William M. Trott, Marvin M. Spivey, Jr. and Terryn D. Owens, Raleigh, for appellant.

North Carolina Department of Insurance, by Sherri L. Hubbard and Stewart L. Johnson, Raleigh, for appellee.

EAGLES, Chief Judge.

The North Carolina Rate Bureau ("Bureau") appeals from an order entered by the North Carolina Commissioner of Insurance ("Commissioner") that denied the Bureau's request for an adjustment in automobile insurance rates. The Bureau asserts four arguments on appeal: (1) the Commissioner improperly considered investment income on capital and surplus funds while deriving his underwriting profit provisions; (2) the Commissioner did not give due consideration...

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