ANTHEM HEALTH PLANS OF MAINE, INC. v. SUPERINTENDENT OF INS.

BCD-10-255

18 A.3d 824 (2011)

2011 ME 48

ANTHEM HEALTH PLANS OF MAINE, INC. v. SUPERINTENDENT OF INSURANCE.

Supreme Judicial Court of Maine.

Decided: April 21, 2011.


Attorney(s) appearing for the Case

Christopher T. Roach, Esq. (orally), Catherine R. Connors, Esq. , Lucus A. Ritchie, Esq. , Joshua D. Dunlap, Esq. , Pierce Atwood LLP, Portland, ME, for Anthem Health Plans of Maine, Inc.

Janet T. Mills , Attorney General, Thomas C. Sturtevant, Jr. , Asst. Atty. Gen. (orally), Andrew L. Black , Asst. Atty. Gen., Office of the Attorney General, Augusta, ME, for the Superintendent of Insurance.

Rufus E. Brown, Esq. , Brown & Burke, Portland, ME, Kay Noonan, Esq. , General Counsel, Kansas City, MO, for amicus curiae National Association of Insurance Commissioners.

Joseph P. Ditré, Esq. , Mia S. Poliquin Pross, Esq. , Andrea L. Irwin, Esq. , Consumers for Affordable Health Care, Augusta, ME, for amicus curiae Consumers for Affordable Health Care Coalition.

Peter DeTroy, Esq. , Russell Pierce, Esq. , Norman, Hanson & DeTroy, LLC, Portland, ME, for amicus curiae Maine State Chamber of Commerce.

Dissent: LEVY, J., and MEAD, J.


SAUFLEY, C.J.

[¶ 1] Anthem Health Plans of Maine, Inc., asks us to determine whether the Maine Superintendent of Insurance may establish rates for individual health insurance products pursuant to which the insurer will not make a profit, but will break even. Because (1) the year in which the challenged rates were effective has passed, and new rates have gone into effect, (2) a favorable decision on the merits could not provide Anthem with any effective financial...

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