By Judith K. Mintel (auth.)
The concept for this publication got here from my selection to replace an editorial via Roy C. McCullough entitled "Insurance premiums within the Courts" released within the June and July 1961 problems with the assurance legislations magazine. whilst this undertaking all started, the purpose was once to provide the same magazine article surveying assurance cost litiga tion among 1960 and the current utilizing essentially an analogous association within the seminal article. besides the fact that, the quantity of said instances over the last two decades used to be a lot higher than expected and the problems being litigated had improved dramatically. The venture grew as my research stepped forward, and the ensuing ebook surveys greater than 300 disputes concerning coverage ratemaking and coverage fee rules. The fruition of this venture wouldn't 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 useful information to me during this attempt. as soon as an preliminary draft used to be ready, a few my affiliates cooperated via studying and commenting at the manuscript. i want to offer particular because of Michael J. Miller and James F. Perry who unselfishly shared their time and information to enhance this paintings. take into account that, none of these who learn the manuscript is liable for any blunders in proposal or element that could remain.
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Additional resources for Insurance Rate Litigation: A Survey of Judicial Treatment of Insurance Ratemaking and Insurance Rate Regulation
2d 614 (1980) 6. Vermont Physician Service v. H. 2d 416 (1973) 7. Appeal of Nationwide Ins. H. 1980) 8. New Hampshire- Vermont Health Service v. 2d 508 (1982) Rulemaking Proceedings Dealing with Rates 1. 2. Old Republic Lifelns. Co. v. 2d 481 (1961) Insurance Co. ofNorth America v. Commonwealth, 15 Pa. 2d 411 (1974) Qualifications of the Hearing Officer 1. 2. 3. 4. 5. 6. 7. 8. Commonwealth Department of Insurance v. American Bankers Ins. , 478 Pa. 2d 449 (1978) Attorney General v. Commissioner of Insurance, 370 Mass.
Of North America v. Commonwealth, 15 Pa. 2d 411 (1974). In that case the court held that there was no 34 INSURANCE RATE LITIGATION legal right to appeal an order of an administrative agency adopting a regulation dealing with credit insurance premium rates. The court said: No right of appeal is provided under the Administrative Agency Law from the mere promulgation of a regulation. Given the admitted general applicability and future effect of the instant regulations, it is clear that both fall within the definition of "regulation" and accordingly no right of appeal to this Court lies at this time.
The National Bureau case in Maryland also involved the inherent powers of courts to correct abuses of discretion by administrative offtcers. In that case the NATURE OF ADMINISTRATIVE RATE HEARINGS 29 National Bureau of Casualty Underwriters had appealed an order of the commissioner disapproving a filing for automobile insurance rate increases. The Baltimore City Court dismissed the appeal holding that rate regulation is legislative action. Because the Maryland Constitution required that legislative and judicial functions remain separate, the lower court had concluded that any review of the commissioner's order would be unconstitutional.