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PACIFIC FIRE RATING BUREAU v. INSURANCE COMPANY

No. 6336.

83 Ariz. 369 (1958)

321 P.2d 1030

PACIFIC FIRE RATING BUREAU, Arizona Association of Insurance Agents, and G.A. Bushnell, as Director of Insurance of the State of Arizona, Appellants, v. INSURANCE COMPANY OF NORTH AMERICA, Indemnity Insurance Company of North America, Philadelphia Insurance Company, and Fire Insurance Exchange, a reciprocal or Interinsurance exchange, Appellees.

Supreme Court of Arizona.

February 19, 1958.

Attorney(s) appearing for the Case

Snell & Wilmer, Phoenix, and Bert W. Levit and Robert Minge Brown, San Francisco, Cal., for appellant Pacific Fire Rating Bureau.

Snell & Wilmer, Phoenix, for appellant Arizona Ass'n of Ins. Agents.

Robert Morrison, Atty. Gen., and Edward W. Hughes, Sp. Asst. Atty. Gen., for appellant G.A. Bushnell as Director of Ins. for the State.

Long & Levit, San Francisco, Cal., McCutchen, Thomas, Matthew, Griffiths & Greene, San Francisco, Cal., of counsel, for appellants.

Evans, Kitchel & Jenckes, Phoenix, and W. Perry Epes, Philadelphia, Pa., for appellees Insurance Co. of North America, Indemnity Ins. Co. of North America, and Philadelphia Ins. Co., Pillsbury, Madison & Sutro, San Francisco, Cal., and William H. Rehnquist, Phoenix, of counsel.

Fennemore, Craig, Allen & McClennen, Philip E. von Ammon, Phoenix, for appellee Fire Ins. Exchange.

Arthur C. Mertz, Stephen I. Martin, Chicago, Ill., and Gust, Rosenfeld, Divelbess & Robinette, Phoeniz, amicus curiae, for National Ass'n of Independent Insurers.

UDALL, Chief Justice.

The sole question presented by this appeal is whether the trial court erred in granting judgment on the pleadings, i.e., in holding as a matter of law, that Rule VII promulgated by the Pacific Fire Rating Bureau and approved by the Director of Insurance pursuant to the provisions of A.R.S. § 20-363, was invalid.

Appeals from the Director's approval of the rule were consolidated in the trial court and appellees here will be referred...

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