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

Front Cover
Springer Science & Business Media, Aug 31, 1983 - Business & Economics - 346 pages
0 Reviews
The idea for this book came from my decision to update an article by Roy C. McCullough entitled "Insurance Rates in the Courts" published in the June and July 1961 issues of the Insurance Law Journal. When this project began, the intention was to produce a similar journal article surveying insurance rate litiga tion between 1960 and the present using basically the same organization followed in the seminal article. However, the volume of reported cases during the last twenty years was much larger than anticipated and the issues being litigated had expanded dramatically. The project grew as my study progressed, and the resulting book surveys more than three hundred disputes involving insurance ratemaking and insurance rate regulation. The fruition of this project would not have been possible without the consistent encouragement and criticism of Roy McCullough, and it is with gratitude that I acknowledge his continuous and valuable assistance to me in this effort. Once an initial draft was prepared, a number of my associates cooperated by reading and commenting on the manuscript. I would like to give special thanks to Michael J. Miller and James F. Perry who unselfishly shared their time and knowledge to improve this work. Needless to say, none of those who read the manuscript is responsible for any errors in concept or detail that may remain.
 

What people are saying - Write a review

We haven't found any reviews in the usual places.

Contents

Introduction
1
Rate Regulatory Laws
3
Focus of Analysis
6
The Procedural Aspects of Insurance Rate Regulation
9
Ratemaking Initiative
11
Ratemaking Initiative and Credit Insurance Rates
15
Initiation of Rate Reductions by Government
16
Table of Cases
19
Table of Cases
140
Blue Cross of Kansas v Bell 227 Kan 426 607 P2d 498 1980
144
Standards for Determining Rates
147
Regulation of Rates Using NonRating Laws
149
Prior Regulatory Practice
153
Table of Cases
154
Caldwell v Insurance Co of North America 235 Ga 141 218 SE 2d 754 1975
156
Measures of Outgo and Income
159

Insurance Services Office v Monroe 257 Ark 1018 522 SW 2d 428 1975
21
Nature of Administration Rate Hearings
23
Rulemaking Versus Adjudication
29
Rulemaking Dealing with Rates
33
Qualifications of the Hearing Officer
34
Table of Cases
37
Carroll v Barnes 169 Colo 277 455 P2d 644 1969
39
Procedural Due Process
41
Timing of Agency Action
45
Burden of Proof and Persuasion
50
Requirement of Specific Findings
53
Table of Cases
56
American Bankers Life Assurance Co v Commonwealth 220 Va 773 263 SE 2nd 867 1980
60
Evidence
63
Evidence Not in the Record
68
Exclusion or Rejection of Evidence
71
Table of Cases
73
Insurance Services Office v Whaland 117 NH 712 378 A2d 743 1977
75
Rights of Third Parties
77
Discovery
81
Standing to Seek Judicial Review
83
Exhaustion of Administrative Remedies
85
Table of Cases
87
Shavers v Kelley 402 Mich 554 267 NW 2d 72 1977
90
Procedural Aspects of Judicial Review
95
Scope of Judicial Review
100
Standards of Judicial Review
103
Table of Cases
105
United Auto Workers v State Farm Mutual Auto Ins Co 350 FSupp 522 ND Ill 1972
108
Judicial Treatment of Substantive Issues Concerning Insurance Rate Regulation
111
Risk Classification Plans
113
Risk Classification and Ratemaking Initiative
114
Federal Court Treatment of Risk Classification
123
Workers Compensation Insurance and Risk Classification
125
Refinement of Risk Classification
128
Blue Cross and Blue Shield Plans and Risk Classification
131
Territorial Risk Classification
133
Merit Rating
138
Losses
160
Catastrophe Losses
170
Expenses
172
Table of Cases
176
Nationwide Mutual Ins Co v Commonwealth 15 Pa Cmwith 24 354 A2d 878 1974
180
Allowance for Profit
185
Underwriting Profit
186
Investment Income and Profit
188
Table of Cases
194
Massachusetts Auto Rating Accl Prevention Bureau v Commissioner of Ins 424 NE2d 1127 1981
197
Application of Approved Rate Filings
201
MidTerm Rate Changes
204
Dividends and Rebates
205
Installment Payments
210
Sullivan v Commonwealth Insurance Department 48 Pa Cmwith 11 408 A2d 1174 1979
213
Retroactive Rate Regulation
215
Statutory Excess Profits Provisions
218
Recoupment of Past Losses
222
Table of Cases
224
GEICO v Florida State Ins Dept ex rel Gunter Case No 792879 Circuit Court of Leon Co April 24 1980 unreported
227
Residual Market Rate Regulation
231
Property Insurance
236
Other Lines
238
In the Matter of a Rating Formula for the Automobile Insurance Plan State of New York Ins Dept Richard E Stewart Superintendent Dec 16 1970 unr...
240
III Judicial Treatment of Other Insurance Rate Regulatory Issues
243
Deregulation of Insurance
245
Competitive Considerations in Rate Regulation
251
The Exemption from Federal Antitrust Enforcement for Insurance Pricing
253
Table of Cases
255
Ben v General Motors Acceptance Corp 374 F Supp 1199 1974
259
Constitutional Aspects of Rate Regulation
263
Constitutional Protections for Insurers
265
Table of Cases
268
Welsch et al v Aetna Insurance Company et al Court of Common Pleas of Alleghay Co No GD8206493 Nov 24 1962 unreported
270
Alphabetical Table of Cases and Index
275
Table of Cases by State
320
About the Author
345
Copyright

Other editions - View all

Common terms and phrases

Bibliographic information