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N.H.-VT. HEALTH SERV. v. COMM'N OF INS.

No. 81-399.

122 N.H. 268 (1982)

NEW HAMPSHIRE-VERMONT HEALTH SERVICE v. COMMISSIONER OF INSURANCE

Supreme Court of New Hampshire.

March 22, 1982.

Attorney(s) appearing for the Case

Joseph Stewart, general counsel, New Hampshire-Vermont Health Service, and Upton, Sanders & Smith, of Concord (Mr. Stewart and Richard F. Upton on the brief, and Mr. Upton orally), for the plaintiff.

Gregory H. Smith, attorney general (Ronald F. Rodgers, attorney, on the brief and orally), for the commissioner of insurance.

DOUGLAS, J.

This case requires us to construe the powers and duties of the insurance commissioner under RSA 420-A:11 (Supp. 1979).

In April 1981, the commissioner of insurance began his annual rate review of the plaintiff New Hampshire-Vermont Health Service, a Blue Cross-Blue Shield plan doing business in New Hampshire. The annual rate review is mandated by RSA 420-A:11 (Supp. 1979), which requires that "[a]nnually, in the month of April, the insurance commissioner...

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