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State ex rel. Commissioner of Insurance v. North Carolina Rate Bureau (In re Filing Dated Jan. 3, 2014)

791 S.E.2d 211 (2016)

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State ex rel. Commissioner of Insurance v. North Carolina Rate Bureau (In re Filing Dated Jan. 3, 2014)

North Carolina Court of Appeals
791 S.E.2d 211 (2016)

RW

Facts

The North Carolina Rate Bureau (bureau) (defendant) filed a proposed average 26 percent increase in residential insurance premiums with the North Carolina Department of Insurance (department) (plaintiff). The department challenged the proposal. The department’s commissioner (plaintiff) held several public hearings and heard extensive testimony. This included expert testimony questioning the foundation for the bureau’s calculation of reinsurance costs and opining that those costs would fall within a smaller range. The commissioner chose a figure within the smaller range and made other detailed fact-findings, concluding that the bureau’s proposed new premium rates were excessive. The commissioner issued an order effectively disallowing any rate increase. The bureau protested that the commissioner (1) ignored a state constitutional mandate to measure insurance profits by investor expectations for comparable businesses and (2) arbitrarily substituted his own reinsurance calculation for the bureau’s calculation. The bureau appealed the commissioner’s order to the North Carolina Court of Appeals.

Rule of Law

Issue

Holding and Reasoning (McCullough, J.)

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