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[DOWNLOAD] "Travelers Indemnity Co. v. Monroe" by Supreme Court of Arkansas * eBook PDF Kindle ePub Free

Travelers Indemnity Co. v. Monroe

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eBook details

  • Title: Travelers Indemnity Co. v. Monroe
  • Author : Supreme Court of Arkansas
  • Release Date : January 21, 1975
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 57 KB

Description

In this case, the Insurance Commissioner, after holding a hearing relative to previously approved rate filings of The Travelers Indemnity Company for voluntary private passenger automobile coverages of bodily injury and property damage liability, medical payments and physical damage, purportedly acting pursuant to Ark. Stat. Ann. 66-3107, 66-3112 (Repl. 1966) and other provisions of the Arkansas Insurance Code and Ark. Stat. Ann. 5-708, 709 (Supp. 1973) and other provisions of the [257 Ark Page 1030] Arkansas Administrative Procedure Act, issued his order directing reduction of the rate of Travelers voluntary private passenger automobile coverages of bodily injury and property damage liability and medical payments by 17% and physical damage by 17.7% effective May 1, 1974. Upon review, the circuit court held that the commissioner had the authority to make the order, but found no substantial evidence to support the commissioner's order, even though he did find a preponderance of substantial evidence to justify a premium rate reduction of 10%, and entered judgment accordingly. The judgment in this case must be reversed for the same reason that we today affirm the judgment of the circuit court in Monroe v. Insurance Service Office of Ark., 257 Ark. 1018 522 S.W.2d 428 (1975). In view of this reversal, we feel that it is appropriate that we decide another question raised on cross-appeal. The trial court held that its judicial review was governed by Ark. Stat. Ann. 66-3134 (Repl. 1966) and not by Ark. Stat. Ann. 5-713 (Supp. 1973). Under the circumstances prevailing here, we agree with the circuit judge.


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