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APPLESEED CENTER FOR LAW v. DEPT. OF INS.

No. 10-AA-1461.

54 A.3d 1188 (2012)

D.C. APPLESEED CENTER FOR LAW AND JUSTICE, INC., Petitioner, v. DISTRICT OF COLUMBIA DEPARTMENT OF INSURANCE, SECURITIES, AND BANKING, Respondent, and Group Hospitalization and Medical Services, Inc., Intervenor.

District of Columbia Court of Appeals.

Decided September 13, 2012.

Attorney(s) appearing for the Case

Walter A. Smith, Jr. , with whom Richard B. Herzog , Marialuisa S. Gallozzi , Washington, and Kurt G. Calia , Redwood Shores, were on the brief, for petitioner.

E. Desmond Hogan , with whom Craig A. Hoover , Dominic F. Perella , and Michael D. Kass , Washington, were on the brief, for intervenor.

Irvin B. Nathan , Attorney General for the District of Columbia, Todd S. Kim , Solicitor General, Donna M. Murasky , Deputy Attorney General, and Richard S. Love , Senior Assistant Attorney General, filed a Statement in Lieu of Brief for respondent.

Mary M. Cheh , District of Columbia Councilmember, filed a brief as amicus curiae in support of petitioner.

Before FISHER and BLACKBURNE-RIGSBY, Associate Judges, and RUIZ, Senior Judge.

RUIZ, Senior Judge:

Petitioner D.C. Appleseed Center for Law and Justice, Inc. (Appleseed) seeks our review of the decision and order of the respondent, District of Columbia Department of Insurance, Securities, and Banking (Department or DISB), determining that the 2008 surplus of intervenor, Group Hospitalization and Medical Services, Inc. (GHMSI), was not "excessive" for purposes of the Hospital and Medical Services Corporation Regulatory Act of 1996, as amended...

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