INS. INSTITUTE v. COM'R, FINANCIAL & INS.

Docket Nos. 137400, 137407. Calendar No. 3.

785 N.W.2d 67 (2010)

486 Mich. 370

INSURANCE INSTITUTE OF MICHIGAN, Hastings Mutual Insurance Company, Farm Bureau General Insurance Company, Frankenmuth Casualty Insurance, Walter Stafford, Jr., and Michael Flohr, Plaintiffs-Appellees, and Michigan Insurance Coalition and Citizens Insurance Company of America, Intervening Plaintiffs-Appellees, v. COMMISSIONER, FINANCIAL & INSURANCE SERVICES, DEPARTMENT OF LABOR & ECONOMIC GROWTH, Defendant-Appellant. Insurance Institute of Michigan, Hastings Mutual Insurance Company, Farm Bureau General Insurance Company, Frankenmuth Casualty Insurance, Walter Stafford, Jr., and Michael Flohr, Plaintiffs-Appellants, and Michigan Insurance Coalition and Citizens Insurance Company of America, Intervening Plaintiffs-Appellants, v. Commissioner, Financial & Insurance Services, Department of Labor & Economic Growth, Defendant-Appellee.

Supreme Court of Michigan.

Decided July 8, 2010.


Attorney(s) appearing for the Case

Dickinson Wright PLLC (by Peter H. Ellsworth and Jeffery V. Stuckey), Lansing, for plaintiffs.

Dykema Gossett PLLC (by Lori McAllister), Lansing, for intervening plaintiffs.

Michael A. Cox, Attorney General, B. Eric Restuccia, Solicitor General, and Christopher L. Kerr, William A. Chenoweth, and David W. Silver, Assistant Attorneys General, for defendant.

Collins, Einhorn, Farrell & Ulanoff, P.C. (by Deborah A. Hebert), Martin R. Brown, and Kathleen A. Lopilato for amici curiae the Insurance and Indemnity Law Section of the State Bar of Michigan.

McClelland & Anderson, L.L.P. (by Gregory L. McClelland and Gail A. Anderson), for amici curiae the Michigan Association of Realtors.

Miller, Canfield, Paddock and Stone, P.L.C. (by Michael J. Hodge and Kelly M. Drake), for amici curiae the Property Casualty Insurers Association of America, the American Insurance Company, and the National Association of Mutual Insurance Companies.

Eric J. Ellman and Kelley Cawthorne (by Steven D. Weyhing) for amici curiae the Consumer Data Industry Association.

Fraser Trebilcock Davis & Dunlap, P.C. (by Mark R. Fox and Graham K. Crabtree), for amici curiae the Michigan Chamber of Commerce.

McClelland & Anderson, L.L.P. (by Gregory L. McClelland and Gail A. Anderson), for amici curiae the Michigan Association of Home Builders.


Opinion

CORRIGAN, J.

This case concerns the validity of rules promulgated by defendant Commissioner of Financial & Insurance Services (the OFIS rules)1 banning the practice of "insurance scoring" under Chapters 21, 24, and 26 of the Insurance Code. The trial court ruled that the rules were "illegal, invalid, and unenforceable" and permanently enjoined defendant from enforcing them. The Court of Appeals issued three separate...

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