Insurance Rate Litigation: A Survey of Judicial Treatment of by Judith K. Mintel (auth.)

By Judith K. Mintel (auth.)

The thought for this ebook got here from my selection to replace an editorial by way of Roy C. McCullough entitled "Insurance charges within the Courts" released within the June and July 1961 problems with the assurance legislations magazine. whilst this venture begun, the goal was once to supply the same magazine article surveying coverage cost litiga­ tion among 1960 and the current utilizing essentially a similar association within the seminal article. despite the fact that, the amount of pronounced situations over the past 20 years was once a lot better than expected and the problems being litigated had accelerated dramatically. The undertaking grew as my examine stepped forward, and the ensuing booklet surveys greater than 300 disputes concerning coverage ratemaking and coverage expense rules. The fruition of this venture don't have been attainable with no the constant encouragement and feedback of Roy McCullough, and it's with gratitude that I recognize his non-stop and necessary information to me during this attempt. as soon as an preliminary draft used to be ready, a couple of my affiliates cooperated through analyzing and commenting at the manuscript. i need to offer exact due to Michael J. Miller and James F. Perry who unselfishly shared their time and data to enhance this paintings. remember that, none of these who learn the manuscript is accountable for any error in proposal or aspect which could remain.

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Insurance Rate Litigation: A Survey of Judicial Treatment of Insurance Ratemaking and Insurance Rate Regulation

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Extra info for Insurance Rate Litigation: A Survey of Judicial Treatment of Insurance Ratemaking and Insurance Rate Regulation

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The court remanded the case to the commissioner setting aside his disapproval for reasons other than administrative bias including erroneous trending procedures and inadequate consideration of a reasonable allowance for profit. With regard to the qualifications of the commissioner to adjudicate the case, the court said: While consumer advocates should be permitted to participate in regulatory agency hearings our system of American Jurisprudence does not permit any judicial officer to be an advocate of anything but justice ...

Persons engaged in business have a right to know what government policy and rules are in advance ... The setting forth of rules in advance does not preclude the overruling of a policy when changed conditions or further reflection deem it desirable, but such reversal tends to be more deliberate and public rather than ill-considered and frequently concealed. 2d 217) In Blue Cross of Northeast Ohio v. 2d 614 (1980) the Ohio Supreme Court seemed to reverse the trend in Ohio law that encouraged rulemaking outside of insurance rate approval cases.

The court also rejected an allegation of bias of the hearing officer in Pennsylvania State Association o/Town Supervisors v. Sheppard, 50 Pa. Cmwlth. 2d 675 (1980). 3 percent. The plaintiff asserted that its due process rights had been violated because both the hearing examiner presiding over the rate proceedings and counsel representing the Insurance Department in the proceedings were under the supervision of the Department's chief counsel. This, it was argued, represents an improper commingling of prosecutorial and judicial functions.

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