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ANTHEM HEALTH v. SUPERINTENDENT OF INS.

Docket: BCD-11-439

40 A.3d 380 (2012)

2012 ME 21

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

Supreme Judicial Court of Maine.

Decided: February 28, 2012.

Attorney(s) appearing for the Case

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

William J. Schneider , Attorney General, and Thomas C. Sturtevant, Jr. (orally), Jonathan R. Bolton , Andrew L. Black , Christina M. Moylan , and Scott W. Boak , Asst. Attys. Gen., Office of the Attorney General, Augusta, for appellees Superintendent of Insurance and Attorney General.

Joseph Ditré, Esq. , and Andrea Irwin, Esq. , Consumers for Affordable Health Care, Augusta, for appellee Consumers for Affordable Health Care.

Rufus E. Brown, Esq. , Brown & Burke, Portland, for amicus curiae National Association of Insurance Commissioners.

Panel: SAUFLEY, C.J., and ALEXANDER, LEVY, SILVER, MEAD, GORMAN, and JABAR, JJ.

JABAR, J.

[¶ 1] Anthem Health Plans of Maine, Inc., d/b/a Anthem Blue Cross and Blue Shield (Anthem), appeals from the judgment entered in the Business and Consumer Docket (Humphrey, C.J.) pursuant to M.R. Civ. P. 80C affirming a decision by the Superintendent of Insurance (1) determining that Anthem's proposed rate increase for its individual health insurance products—an increase of 9.2% that contained a built-in risk and profit margin of 3% for...

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