By Judith K. Mintel (auth.)
The concept for this booklet got here from my choice to replace a piece of writing by means of Roy C. McCullough entitled "Insurance premiums within the Courts" released within the June and July 1961 problems with the coverage legislations magazine. whilst this undertaking begun, the goal used to be to supply an analogous magazine article surveying assurance expense litiga tion among 1960 and the current utilizing essentially an identical association within the seminal article. notwithstanding, the quantity of mentioned situations over the past two decades was once a lot better than expected and the problems being litigated had increased dramatically. The undertaking grew as my learn improved, and the ensuing booklet surveys greater than 300 disputes regarding coverage ratemaking and coverage fee law. The fruition of this undertaking do not have been attainable with no the constant encouragement and feedback of Roy McCullough, and it really is with gratitude that I recognize his non-stop and worthwhile tips to me during this attempt. as soon as an preliminary draft was once ready, a few my affiliates cooperated by way of analyzing and commenting at the manuscript. i want to provide distinct due to Michael J. Miller and James F. Perry who unselfishly shared their time and data to enhance this paintings. take into account that, none of these who learn the manuscript is liable for any error in notion or element that could remain.
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Extra resources for Insurance Rate Litigation: A Survey of Judicial Treatment of Insurance Ratemaking and Insurance Rate Regulation
Also, courts have come to recognize the penal nature of disapproving a proposed rate change that is otherwise justified for failure to comply with a rule of the commissioner which was first enunciated in the disapproval order. Thus, the use of rulemaking proceedings is also being judicially encouraged. 30 INSURANCE RATE LITIGATION Rulemaking has been required prior to disapproval of a rate change proposal in State ex. reI. Commissioner ofInsurance v. C. App. in part and revd. in part State ex. reI.
The commissioner had denied approval of a fourteen percent rate increase fIled by Nationwide for several reasons one of which was that the filing did not contain a flat or dollar amount surcharge plan for those with traffic accidents or violations. Nationwide argued that the commissioner's denial of the requested rate increase was unlawful because he did not comply with the Administrative Procedures Act in promulgating the surcharge plan rule. While the court did hold that all administrative rules must be NATURE OF ADMINISTRATIVE RATE HEARINGS 33 made in accordance with the APA, it ruled that compliance was not required in this case: The Commissioner's decision did not trigger the procedural requirements of the APA because he did not adopt a rule within the meaning of RSA 541-A:1.
One case in which a court did reject the appointment of a hearing officer by the commissioner to take evidence in an insurance ratemaking proceeding is Detroit Automobile Inter-Insurance Exchange v. Baerwaldt, File No. 81-27137 AZ, Ingham Co. Circuit Court, State of Michigan, July 9, 1981 (unreported). The litigation was not an appeal from a proceeding on a rate change proposal. Rather, it was the result of a declaratory judgment action on the constitutionality of a statute setting forth criteria for choosing an independent hearing officer.